[2025] UKUT 136 (LC)

Fecha: 30-Abr-2025

Conclusions

The challenge to the FTT’s costs decision

52.

This Tribunal’s usual practice where an operator seeks interim rights (which cannot be conferred other than by the Tribunal) is that the site provider should be entitled to its costs of participation in the proceedings and in connection with the transaction (receiving advice, negotiating the form of the agreement and its execution) but that the additional costs of resolving any dispute should be allocated on the usual principle that the unsuccessful party should pay the costs of the successful party unless there is some good reason to make a different order (see EE Ltd v Hutchison 3G UK Ltd v HSBC Bank plc [2022] UKUT 174 (LC), at [8]-[10], and CTIL v Central Saint Giles GP Ltd [2019] UKUT 183 (LC) at [28]-[30]). I understand the same approach is taken by the FTT.

53.

The FTT ordered the Building owner to contribute a sum towards meeting CTIL’s costs. Its decision appears to me to be consistent with the approach I have identified. The one departure from it was that none of the Building Owner’s transaction costs were awarded to it, but this appears to have been because no claim was made for them and the costs were not separately identified. The proposed appeal against the FTT’s order for costs raises no point of principle and, having dismissed the appeal against its substantive decision, there are no grounds on which this Tribunal would be justified in interfering with its costs decision. I therefore refuse permission to appeal the costs decision.

Martin Rodger KC,

Deputy Chamber President

30 April 2025

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.