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Costs at the LVT

23 March 2012
Issue: 7506 / Categories: Case law , Costs
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After a leasehold valuation tribunal (LVT) has dealt with an issue referred to it by a county court (in say leasehold enfranchisement or service charge proceedings)...

After a leasehold valuation tribunal (LVT) has dealt with an issue referred to it by a county court (in say leasehold enfranchisement or service charge proceedings), does the county court have jurisdiction to make an order relating to the costs incurred in the tribunal? Which costs regime would apply—the court’s or the tribunal’s?

A LVT can only determine issues that are referred to it by a court, although this may effectively cover the claim in its entirety. Our view is that the costs of the determination by the LVT (however wide or limited it may be) must be dealt with by the LVT under its own costs regime and that the transferring court has no jurisdiction in relation to them. As to the residual costs incurred pre and/or post-transfer to the LVT, these may be dealt with by the transferring court in the usual way.
 

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