The Court of Appeal rejects bid to import the provisions of CPR Part 36 into Upper Tribunal Rules

Royal Courts of Justice

The Tribunal Procedure (Upper Tribunal) (Lands Chamber) Rules and Practice Directions do not contain provisions corresponding to those in the self-contained procedure in CPR Part 36 and parties are not free unilaterally to appropriate into them the much more elaborate “carrot and stick” regime provided therein. In the Upper Tribunal indemnity basis costs are only awarded in exceptional circumstances.

MANN & ORS v TRANSPORT FOR LONDON [2018] EWCA CIV 1520