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Upper Tribunal (Lands Chamber)

This is the Tribunal that used to be called, the Lands Tribunal. Indeed it is still commonly known as that, even on the Tribunal website. Considerable assistance can be gained from the Tribunal's website at www.landstribunal.gov.uk The procedure is governed by Lands Tribunal Rules 1996, which in its fully amended form is on the site, together with a Practice Direction - revised 4 January 2005.

Transfer to Upper Tribunal

Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (SI No. 1307)

The Tribunals, Courts and Enforcement Act 2007 created a new two-tier tribunal structure; the First-Tier Tribunal and the Upper Tribunal. As part of that process the Lands Tribunal has been abolished and its functions transferred to the Upper Tribunal. Its formal name is the Upper Tribunal (Lands Chamber).

This has involved the amendment of various statutory provisions. For example, s84 of the Law of Property Act 1925 that deals with the discharge or modification of restrictive covenants is amended to replace references to the Lands Tribunal with references to the Upper Tribunal. However, in substance little has changed.


Appeals from Lands Tribunal to CA

Girls Day School Trust (1872) v Dadak
[2001] EWCA Civ 280

Permission to appeal is required when appealing from the Lands Tribunal to the Court of Appeal.


R (on the application of Sinclair Gardens Investments (Kensington) Ltd) v Lands Tribunal
[2004] EWHC 1910 (Admin)

The refusal of permission to appeal is not a decision for the purposes of s3(4) of the Lands Tribunal Act 1949 so that it is not possible to appeal to the CA against the refusal.


Judicial Review

Decisions of the Upper Tribunal

As from 1 October 2012 the CPR 54 has been amended to include an express provision (at CPR 54.7A) for judicial review of a decision by the Upper Tribunal to refuse permission to appeal from a decision of the Leasehold Valuation Tribunal (or any other first tier tribunal). The new provision applies the test applicable for second tier appeals i.e. reasonable prospect of success and an important point of principle or other compelling reason. It thus reflects the judgment of the Supreme Court in R. (on the application of Cart) v Upper Tribunal [2011] UKSC 28.


Costs

Goldstein v Conley
[2001] EWCA Civ 637

It is not possible to obtain an order for costs in the Leasehold Valuation Tribunal. However, the costs of an appeal to the Lands Tribunal from the LVT are not to be regarded as costs that are incidental to costs incurred in the LVT. They are to be treated as costs separately incurred and so may be ordered. Such costs can be enforced by action at common law. The High Court therefore has jurisdiction to entertain a claim to enforce the order for costs.


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