Citation and commencement

1. These Rules may be cited as the Tribunal Procedure (Amendment No. 3) Rules 2013 and come into force on 1st July 2013.

Amendments to the Tribunal Procedure (Upper Tribunal) (Lands Chamber) Rules 2010

2. The Tribunal Procedure (Upper Tribunal) (Lands Chamber) Rules 2010( 2 ) are amended as follows.

3. For rule 10 (orders for costs) substitute—

“ Orders for costs

10. —(1) The Tribunal may make an order for costs on an application or on its own initiative.

(2) Any order under paragraph (1)—

(a) may only be made in accordance with the conditions or in the circumstances referred to in paragraphs (3) to (6);

(b) must, in a case to which section 4 of the 1961 Act ( 3 ) applies, be in accordance with the provisions of that section.

(3) The Tribunal may in any proceedings make an order for costs—

(a) under section 29(4) of the 2007 Act (wasted costs) and for costs incurred in applying for an order for such costs;

(b) if the Tribunal considers that a party or its representative has acted unreasonably in bringing, defending or conducting the proceedings; or

(c) in the circumstances to which paragraph (14) refers.

(4) Except in proceedings to which paragraph (5) or (6) apply, the Tribunal may—

(a) with the consent of the parties, or

(b) where there is a disparity of interest or resources between the parties,

direct that an order for costs may be made in the proceedings against one or more of the parties in respect of costs incurred following such a direction.

(5) The Tribunal may make an order for costs in judicial review proceedings.

(6) The Tribunal may make an order for costs in proceedings—

(a) for compensation for compulsory purchase;

(b) for injurious affection of land;

(c) under section 84 of the Law of Property Act 1925 ( 4 ) (discharge or modification of restrictive covenants affecting land);

(d) on an appeal from a decision of the Valuation Tribunal for England or the Valuation Tribunal for Wales.

(7) Subject to paragraph (3), in proceedings to which paragraph (6) applies, the Tribunal may direct that no order for costs may be made against one or more specified parties in respect of costs subsequently incurred.

(8) In proceedings to which paragraph (6) applies, the Tribunal must have regard to the size and nature of the matters in dispute.

(9) A person making an application for an order for costs, or a direction regarding costs—

(a) must send or deliver a written application to the Tribunal and to the person against whom it is proposed that the order be made;

(b) must include in the application, where it is for a direction regarding costs, the person’s reasons why the conditions or circumstances relevant to making such a direction under paragraph (4) or (7) apply; and

(c) may send or deliver with the application a schedule of the costs claimed in sufficient detail to allow summary assessment of such costs by the Tribunal.

(10) An application for an order for costs may be made at any time during the proceedings but may not be made later than 14 days after the date on which—

(a) the Tribunal sends a decision notice recording the decision which finally disposes of all issues in the proceedings;

(b) the Tribunal sends notice under rule 20 (withdrawal) that a withdrawal which ends the proceedings has taken effect; or

(c) notice of withdrawal is sent to the Tribunal with the consent of all parties.

(11) The Tribunal may not make an order for costs against a person (the “paying person”) without first giving that person an opportunity to make representations.

(12) The amount of costs to be paid under an order under this rule may be determined by—

(a) summary assessment by the Tribunal;

(b) agreement of a specified sum by the paying person and the person entitled to receive the costs (the “receiving person”); or

(c) detailed assessment of the whole or a specified part of the costs (including the costs of the assessment) incurred by the receiving person—

(i) on the standard basis; or

(ii) on the indemnity basis, if so specified in the costs order, by the Tribunal or by the Senior Courts Costs Office or by a county court;

and the Civil Procedure Rules 1998 ( 5 ) shall apply, with necessary modifications, to that application and assessment as if the proceedings in the Tribunal had been proceedings in a court to which the Civil Procedure Rules 1998 apply.

(13) The Tribunal may order an amount to be paid on account before the costs are assessed.

(14) The Tribunal may order a party to pay to another party costs of an amount equal to the whole or part of any fee paid (which has not been remitted by the Lord Chancellor under the Upper Tribunal (Lands Chamber) Fees Order 2009 ( 6 ) ) in the proceedings by that other party that is not otherwise included in an award of costs. ”

4. In rule 20 (withdrawal), in paragraph (1)(a), omit “at any time before a hearing to consider the final disposal of the proceedings (or, if the Tribunal disposes of the proceedings without a hearing, before that final disposal),”.

5. In rule 30 (references by consent: application of the Arbitration Act 1996)—

(a) omit sub-paragraph (f);

(b) insert “and” after the semi-colon in sub-paragraph (g);

(c) at the end of sub-paragraph (h) for “; and” substitute a full stop;

(d) omit sub-paragraph (i).

6. For the heading to Part 8, substitute “Cases transferred to the Tribunal, including judicial review proceedings”.

7. Immediately before rule 45 (proceedings transferred to the Tribunal) insert—

“ Transfer from the First-tier Tribunal

44A. Where a case is transferred by a direction made under rule 25 of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 ( 7 ) —

(a) subject to that direction and to any direction given under rule 45(b) of these Rules, the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 shall continue to apply, with necessary modifications, to the case; and

(b) Part 2 of these Rules only applies to the extent provided for by a direction of the Tribunal. ”

8. In Part 10, after rule 51 (decisions) insert—

“ Interest

51A. —(1) Where the decision of the Tribunal provides for a sum to be payable, including a sum awarded in respect of costs of the proceedings before the Tribunal, the provisions listed in paragraph (2) apply, with necessary modifications, as if the proceedings in the Tribunal were proceedings in a court to which those provisions apply.

(2) The provisions to which paragraph (1) refers are—

(a) section 35A of the Senior Courts Act 1981 ( 8 ) ;

(b) section 74 of the County Courts Act 1984 ( 9 ) ;

(c) section 17 of the Judgments Act 1838 ( 10 ) ;

(d) the County Courts (Interest on Judgment Debts) Order 1991 ( 11 ) . ”

9. In rule 55 (application for permission to appeal)—

(a) for sub-paragraph (a) of paragraph (2), substitute—

“ (za) the relevant decision notice;

(a) written reasons for the decision, if the decision disposes of—

(i) all issues in the proceedings; or

(ii) subject to paragraph (2A), a separate or preliminary issue dealt with following a direction under rule 5(3)(e); ”

(b) after paragraph (2), insert—

“ (2A) The Tribunal may direct that the 28 days within which a party may send or deliver to the Tribunal an application for permission to appeal against a decision that disposes of a separate or preliminary issue shall run from the date of the decision that disposes of all issues in the proceedings. ” ;

(c) in paragraph (3), for “rule 10(3)” substitute “rule 10(10)”.

Transitional provision

10. In proceedings which were started in the Lands Chamber of the Upper Tribunal before 1st July 2013, the Tribunal may give any direction to ensure that the proceedings are dealt with fairly and, in particular, may—

(a) apply any provision of the Tribunal Procedure (Upper Tribunal) (Lands Chamber) Rules 2010 which applied to the proceedings before 1st July 2013, and

(b) disapply any amendment made by these Rules.