[2024] UKUT 370 (LC)

Fecha: 19-Nov-2024

Conclusions

Conclusion

22.

It seems to me that proceedings under s.204 are proceedings for compensation for injurious affection and I therefore I agree with the claimant that the Tribunal has the jurisdiction to award costs in this particular case. In those circumstances it does not seem to me to be necessary to consider some of the more elaborate arguments presented by the claimant.

23.

I observe that the effect of s.204 is to create a situation which could occur where a covenant is modified under s.84 of the Law of Property Act 1925, namely that a party’s property rights are altered in favour of another party. In those circumstances the Tribunal can also determine compensation for the loss or modification of the rights. The basis of that compensation is often calculated by reference to the diminution in value of the property affected, in other words, by the same means by which injurious affection is assessed. The Rules mandate that the Tribunal has jurisdiction to award costs in cases conducted under s.84 and it would be irrational for a costs jurisdiction to be available in those circumstances and not in another where the effect could be identical.

Mark Higgin FRICS FIRRV

19 November 2024

Right of appeal

Any party has a right of appeal to the Court of Appeal on any point of law arising from this decision. The right of appeal may be exercised only with permission. An application for permission to appeal to the Court of Appeal must be sent or delivered to the Tribunal so that it is received within 1 month after the date on which this decision is sent to the parties (unless an application for costs is made within 14 days of the decision being sent to the parties, in which case an application for permission to appeal must be made within 1 month of the date on which the Tribunal’s decision on costs is sent to the parties). An application for permission to appeal must identify the decision of the Tribunal to which it relates, identify the alleged error or errors of law in the decision, and state the result the party making the application is seeking. If the Tribunal refuses permission to appeal a further application may then be made to the Court of Appeal for permission.