Michael Connell v Beal Developments Ltd & Ors

Michael Connell v Beal Developments Ltd & Ors

There was no basis for a costs order against Mr Connell personally because he did not bring or conduct the proceedings; he acted only as secretary and agent for the Association, which was the applicant. The conduct relied on by the FTT did not amount to unreasonable conduct under rule 13(1)(b).

Parties
Appellant: Michael Connell; Respondent: Beal Developments Ltd; Respondent: Eastman Securities Ltd; Respondent: Yorkshire and Lincolnshire Developments Ltd
Jurisdiction
England and Wales
Judgment Date
14 June 2023
Procedural Posture
Landlord and Tenant Appeal / Appeal From First Tier Tribunal (property Chamber) to Upper Tribunal (lands Chamber)
Outcome
Appeal allowed
Legal Topics
Costs Orders, Tenants’ Associations, Unincorporated Associations, Recognition of Tenants’ Associations, Unreasonable Conduct
Landlord and Tenant Tribunal Procedure Costs Orders Tenants’ Associations Unincorporated Associations Recognition of Tenants’ Associations Unreasonable Conduct

Case Brief

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Parties

Michael Connell

Appellant

Beal Developments Ltd

Respondent

Eastman Securities Ltd

Respondent

Yorkshire and Lincolnshire Developments Ltd

Respondent

Procedural Posture

Landlord and Tenant Appeal / Appeal From First Tier Tribunal (property Chamber) to Upper Tribunal (lands Chamber)

Legal Issues

  1. 1 Whether the secretary of a tenants’ association can be personally liable for costs under rule 13(1)(b) of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013
  2. 2 Whether the conduct of the appellant in bringing and not withdrawing the application was unreasonable

Ratio Decidendi

There was no basis for a costs order against Mr Connell personally because he did not bring or conduct the proceedings; he acted only as secretary and agent for the Association, which was the applicant. The conduct relied on by the FTT did not amount to unreasonable conduct under rule 13(1)(b).

Court Disposition

Appeal allowed

Orders

  • Order for costs against Mr Connell set aside