25 Jul 2012

Scarle Property Co Ltd v 177 Victoria Road (Aldershot) Management Ltd [2012] UKUT 170 (LC)

As this is my first post, I’ll start with the most recent Lands Chamber decision, which is also a short one, light on authority.

Summary
- Appeal conceded at the commencement of the hearing because of:
  - A change in the practical situation between the date of the LVT decision and Lands Chamber hearing;
  - The Respondent’s admission that the LVT’s reasoning could not stand;
  - HHJ Walden Smith awarded the Appellant its costs, limited to £500, pursuant to rule 10(4) Tribunal Procedure (Upper Tribunal) (Lands Chamber) Rules 2010.
Relevant facts
- Skeleton arguments had been lodged the week before the appeal;
- The day before the hearing, the Respondent intimated to the Appellant that it might concede the appeal;
- The Respondent did not make it clear to the Appellant until immediately before the hearing that it was conceding the appeal;
- The Respondent did not inform the Tribunal that it was conceding the appeal until the appeal hearing itself.
The Tribunal's decision
1. The Respondent had not acted unreasonably in defending the appeal but had ultimately decided to concede it;
2. Having made that decision, the Respondent had acted unreasonably in failing to communicate its decision at an earlier stage;
3. Notwithstanding the delivery of the brief and lodging of skeletons the week before, had the Respondent communicated its decision earlier, there could have been a saving on the brief fee and in any event, the cost of solicitors’ attendance could have been avoided.