COURT OF APPEAL GUIDANCE ON LANDS TRIBUNAL CASES

The Court of Appeal has handed down judgment in the case of Welford v Transport for London [2011] EWCA Civ 129.  The compensation claim advanced in the Tribunal was for around £136,000, based largely on injurious affection and lost rent claimed under the second limb of rule 6.  The Tribunal had awarded just under £9,000.  There were various issues in the appeal, including one of procedural fairness, but the judgment is notable for what is said about the conduct of cases in the Lands Chamber of the Upper Tribunal. 

The Tribunal had directed, after two days of oral evidence, that closing submissions should be submitted in writing.  The Claimant's advocate submitted closing submissions of 89 pages with 49 authorities.  Echoing comments made in the Tribunal's decision, Lord Justice Tomlinson said: "it cannot be said too strongly that it is simply unacceptable to burden a tribunal in the manner which apparently occurred here.  It is unhelpful, wasteful and disproportionate.  It is also self-defeating.  It could well lead to a tribunal losing sight of the wood for the trees". 

The Court of Appeal dismissed the Claimant's appeal on all grounds and upheld the Tribunal's decision. 

Richard Honey represented the successful respondent, Transport for London, instructed by Raj Gupta of Eversheds.