Ibraheem Dulmeer, barrister-at-law – www.parkhomeslaw.com – explores the cost consequences for park home residents of resolving a dispute at a First-tier Tribunal…

Litigation is generally seen as the last option in most park home disputes. Any party who chooses to pursue litigation should be aware of the possible cost consequences of proceeding with matters to a First-tier Tribunal (Property Chamber) (“Tribunal”).

This article serves to provide a brief introduction into the law in relation to ‘unreasonable conduct’ during litigation at the Tribunal.

It is important to understand that Tribunal rulings may give rise to potentially damaging financial consequences, particularly if a Tribunal determines that costs are to be awarded against a particular party for unreasonable conduct.

It is advisable, therefore, to be aware of the legal position regarding your dispute by seeking specialist legal advice prior to proceeding with an application to the Tribunal and/or during the Tribunal process. This is because costs can be awarded against a party in litigation whereby a Tribunal determines the following:

● Costs are incurred as a result of any ‘improper, unreasonable or negligent act or omission on part of any legal or other representative which is unreasonable to expect that party to pay’, the Tribunal may order payment to a party due to perverse or excessive costs.

● A person who has acted ‘unreasonably in bringing, defending or conducting proceedings’, the Tribunal may order payment of costs to a party due to unreasonable conduct.
It is imperative to note that such an award and/or determination by the Tribunal is not subject to any capping whatsoever.

 

Ibraheem Dulmeer, barrister and mediator at Normanton Chambers, is a specialist in park home matters in England and Wales. His expert knowledge and experience in this sector confidently provides individuals or companies with the reassurance and assistance they need. Ibraheem is qualified under the “Direct Public Access Scheme” allowing you to instruct him directly to help you with your purchase.
Please do not hesitate to contact Ibraheem for an initial consultation on 07939 259924 (mobile),
0300 0300 218 (Chambers) or email info@ibraheemdulmeer.com. Alternatively, you can submit an enquiry by using the website www.parkhomeslaw.com.
Address: Normanton Chambers,
218 Strand, London WC2R 1AT.

The information provided in this article serves as useful guidance. Please note that this is not intended to be comprehensive and should not be relied on in substitution for specific legal advice. If in doubt, you could seek specific advice from Ibraheem Dulmeer. This material should not be replicated without the author’s consent. Ibraheem Dulmeer © 2022

 

Read the full article in the November 2022 issue of Park Home & Holiday Living