Neil Hood v Southern Land Securities Ltd & Anor

17. Accordingly, this Tribunal considers that ground upon which permission to appeal was granted is not made out, and the appeal should be dismissed. Costs 18. The respondents have applied for their costs of the appeal in the event this it unsuccessful. 19. This Tribunal has power to order that one party pay costs incurred by another party in appeals from the FTT concerning land registration: para 25.1 5) Upper Tribunal (Lands Chamber) Practice Directions 2024. This is such an appeal. Costs normally follow the event if awarded (that is, subject to the discretion of the Tribunal, the loser pays). Mr Hood has lost his appeal and if costs were awarded, would normally have to pay the respondents’ costs. However, the Tribunal will not normally award costs in a case assigned to the written representations procedure, which is the procedure under which this appeal has been determined: para 25.6 of those Practice Directions. The fact that this is land registration case is not itself sufficient to take the matter out of the norm. Had it been sufficient, the small sum claimed is no doubt substantially more significant to the appellant than to the respondents, and in the exercise of its discretion in all the circumstances of this case, this Tribunal would not have considered it appropriate to make any costs order in respect of this appeal in any event. His Honour Judge Neil Cadwallader 5 November 2025 Right of appeal Any party has a right of appeal to the Court of Appeal on any point of law arising from this decision. The right of appeal may be exercised only with permission. An application for permission to appeal to the Court of Appeal must be sent or delivered to the Tribunal so that it is received within 1 month after the date on which this decision is sent to the parties (unless an application for costs is made within 14 days of the decision being sent to the parties, in which case an application for permission to appeal must be made within 1 month of the date on which the Tribunal’s decision on costs is sent to the parties). An application for permission to appeal must identify the decision of the Tribunal to which it relates, identify the alleged error or errors of law in the decision, and state the result the party making the application is seeking. If the Tribunal refuses permission to appeal a further application may then be made to the Court of Appeal for permission.