Liam Philip Spender & Ors v FIT Nominee Limited & Anor

Liam Philip Spender & Ors v FIT Nominee Limited & Anor

A costs capping order under CPR r52.19 would unjustly shift the costs risk from the appellant tenants to all tenants, including those not party to the appeal, due to the operation of sections 19 and 20C of the Landlord and Tenant Act 1985. This does not accord with justice or the overriding objective; therefore, the application must be refused.

Parties
Appellants / Tenants: Liam Philip Spender and Others; Respondents / Landlords: F. I. T. Nominee Limited; Respondents / Landlords: F. I. T. Nominee 2 Limited
Jurisdiction
England and Wales
Judgment Date
17 October 2025
Procedural Posture
Civil Appeal / Application for Costs Capping Order Under CPR R52.19
Outcome
Application for costs capping order refused.
Legal Topics
Costs Capping Orders, Service Charges, Access to Justice, Landlord and Tenant Act 1985
Landlord and Tenant Civil Procedure Costs Capping Orders Service Charges Access to Justice Landlord and Tenant Act 1985

Case Brief

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Parties

Liam Philip Spender and Others

Appellants / Tenants

F. I. T. Nominee Limited

Respondents / Landlords

F. I. T. Nominee 2 Limited

Respondents / Landlords

Procedural Posture

Civil Appeal / Application for Costs Capping Order Under CPR R52.19

Legal Issues

  1. 1 Whether a costs capping order should be granted under CPR r52.19 in landlord and tenant appeal proceedings
  2. 2 Interaction between costs capping orders and Landlord and Tenant Act 1985 sections 19 and 20C

Ratio Decidendi

A costs capping order under CPR r52.19 would unjustly shift the costs risk from the appellant tenants to all tenants, including those not party to the appeal, due to the operation of sections 19 and 20C of the Landlord and Tenant Act 1985. This does not accord with justice or the overriding objective; therefore, the application must be refused.

Court Disposition

Application for costs capping order refused.

Orders

  • Application for costs capping order under CPR r52.19 is dismissed.