A Grantor v A Grantee

A Grantor v A Grantee

The Tribunal has power to award costs in this reference by consent under rule 10(6)(b) of the Tribunal Procedure (Upper Tribunal) (Lands Chamber) Rules 2010 as the claim is for compensation for injurious affection of land. Section 61 of the Arbitration Act 1996 does not confer a power to award costs in such references, as it is not applied by the Tribunal rules.

Parties
Claimant: A Grantor; Respondent: A Grantee
Jurisdiction
England and Wales
Judgment Date
03 May 2023
Procedural Posture
Reference by Consent Under Section 1(5) of the Lands Tribunal Act 1949 / Determination of Tribunal's Power to Award Costs
Outcome
Tribunal has power to award costs under rule 10(6)(b) of the 2010 Rules; no power under section 61 of the Arbitration Act 1996.
Legal Topics
Costs in Arbitration, Compensation for Injurious Affection, Interpretation of Tribunal Rules
Land Law Arbitration Tribunal Procedure Costs in Arbitration Compensation for Injurious Affection Interpretation of Tribunal Rules

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Parties

A Grantor

Claimant

A Grantee

Respondent

Procedural Posture

Reference by Consent Under Section 1(5) of the Lands Tribunal Act 1949 / Determination of Tribunal's Power to Award Costs

Legal Issues

  1. 1 Does the Tribunal have power to award costs where it acts as arbitrator in a reference by consent under section 1(5) of the Lands Tribunal Act 1949?
  2. 2 Is the power to award costs found under rule 10(6)(b) of the Tribunal Procedure (Upper Tribunal) (Lands Chamber) Rules 2010?
  3. 3 Does section 61 of the Arbitration Act 1996 confer a power to award costs in such references?

Ratio Decidendi

The Tribunal has power to award costs in this reference by consent under rule 10(6)(b) of the Tribunal Procedure (Upper Tribunal) (Lands Chamber) Rules 2010 as the claim is for compensation for injurious affection of land. Section 61 of the Arbitration Act 1996 does not confer a power to award costs in such references, as it is not applied by the Tribunal rules.

Court Disposition

Tribunal has power to award costs under rule 10(6)(b) of the 2010 Rules; no power under section 61 of the Arbitration Act 1996.

Orders

  • The Tribunal may make orders for costs in this reference under rule 10(6)(b) of the 2010 Rules.