[2024] UKUT 205 (LC)

The rest of the items at paragraph 5 can be grouped together as “dispute resolution costs”, although they cover a number of different types of costs: advice about the settlement of a compensation claim by another leaseholder, advice about mediation of a claim by the respondent, and the appellant’s share of the mediation fee. The clauses on which the appellant relies make no express mention of legal advice, nor of legal professionals or mediators, and the question therefore arises as it has done in a number of other cases: are such costs nevertheless within the scope of clause 5(4)(g) or of the definition of “Total Expenditure” in the Fifth Schedule? It is convenient to look at those two provisions separately since slightly different legal considerations arise in respect of each.