Spender & Ors v FIT Nominee Ltd & Anor (Rev1) [2025] EWCA Civ 1319 (17 October 2025)

Spender & Ors v FIT Nominee Ltd & Anor (Rev1) [2025] EWCA Civ 1319 (17 October 2025)

A costs capping order under CPR r52.19 is refused because, in the context of landlord and tenant litigation, such an order would shift the costs risk from the appellant tenants to all tenants (including those not party to the appeal) via the service charge mechanism under the Landlord and Tenant Act 1985. This outcome is not just or consistent with the overriding objective, even if the other criteria for a costs capping order are met.

Citation
[2025] EWCA Civ 1319
Parties
Appellants / Tenants: Liam Philip Spender and Others; Respondent / Landlord: F. I. T. Nominee Limited; Respondent / Landlord: F. I. T. Nominee 2 Limited
Jurisdiction
England and Wales
Judgment Date
17 October 2025
Procedural Posture
Appeal (application for Costs Capping Order) / Court of Appeal (civil Division) on Appeal From Upper Tribunal (lands Chamber)
Outcome
Application for costs capping order refused
Legal Topics
Costs Capping Orders, Service Charges, Access to Justice, Landlord and Tenant Act 1985, Civil Procedure Rules R52.19
Civil Procedure Landlord and Tenant Costs Capping Orders Service Charges Access to Justice Landlord and Tenant Act 1985 Civil Procedure Rules R52.19

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Parties

Liam Philip Spender and Others

Appellants / Tenants

F. I. T. Nominee Limited

Respondent / Landlord

F. I. T. Nominee 2 Limited

Respondent / Landlord

Procedural Posture

Appeal (application for Costs Capping Order) / Court of Appeal (civil Division) on Appeal From Upper Tribunal (lands Chamber)

Legal Issues

  1. 1 Whether a costs capping order should be made under CPR r52.19 in an appeal by tenants against landlords regarding service charges
  2. 2 Interaction between CPR r52.19 and Landlord and Tenant Act 1985 sections 19 and 20C

Ratio Decidendi

A costs capping order under CPR r52.19 is refused because, in the context of landlord and tenant litigation, such an order would shift the costs risk from the appellant tenants to all tenants (including those not party to the appeal) via the service charge mechanism under the Landlord and Tenant Act 1985. This outcome is not just or consistent with the overriding objective, even if the other criteria for a costs capping order are met.

Court Disposition

Application for costs capping order refused