Guidance

Upper Tribunal Lands Chamber procedure – how costs are assessed

Updated 23 September 2024

About this guide

This guide is an overview of the tribunal’s process to assess the court costs that one side (party) must pay in cases decided by the Upper Tribunal (Lands Chamber).

You can use this guide to understand who should do what and when, and how the decisions are made.

You should also read the main guidance for how to apply or appeal to the Upper Tribunal (Lands Chamber). This includes information about the tribunal’s:

• rules
• practice directions
• practice statement
• forms
• fees
• recent decisions

Detailed assessment of costs

A detailed assessment of costs happens after a case ends and a cost order has been issued. It can be asked for when there is a dispute in the amount that should be paid.

Either the person who brought the case to the tribunal or the responding party can have been awarded costs.

So, the parties in the assessment are then referred to as:

• the ‘receiving party’ – who the order stated should have their costs paid for by the other party
• the ‘paying party’ – who has been ordered to pay the costs of the other party

Step 1

The receiving party must send their bill of costs, with a covering letter, to the tribunal and the other party to request a detailed assessment.

The tribunal must receive the request within 3 months of the final decision on the appeal.

Step 2

The tribunal will tell the paying party (or their representative) to send the ‘points of dispute’ to identify:

• the costs in the bill they dispute
• why they dispute them
• what they believe the costs should be instead

They should send this to the tribunal and the receiving party. They must be received within 28 calendar days of the tribunal’s direction to the paying party.

The receiving party can then send ‘points of reply’. They must address each point in dispute and give reasons why they do not agree with the paying party. The points of reply must be returned to the tribunal and paying party within 28 calendar days of receiving the points of dispute.

Step 3

The tribunal will do one of 2 things:

1. Schedule a detailed assessment hearing where a registrar will assess the costs.
2. Assess the costs without a hearing, based just on the documents filed, then tell the parties the decision.

Step 4

Within 14 days of the hearing or the parties being told the decision, either party may apply for the decision to be reconsidered by a judge. They can do this by sending a letter by post, email or using the E-Filing service.

If no application is made, go to step 7.

Step 5

The tribunal will ask the other party if they wish to reply. If they do, the tribunal must receive the reply within 7 calendar days. The reply letter should be sent by post, email or the E-Filing service.

Step 6

The judge will review the assessment and send the decision to the parties in writing. The decision will be sent either by post or email depending on each party’s preference.

Step 7

The receiving party must pay the detailed assessment fee. However, they can recover it as part of the assessed costs, unless the judge orders otherwise.

The fee is 5% of the costs as assessed.

Step 8

The tribunal will issue a detailed assessment certificate. The paying party must then pay the costs to the receiving party as assessed.

The certificate is enforceable in court as a civil judgment.

Where to send documents

At each step, documents and replies should be sent to the tribunal using the HMCTS E-Filing service, or by post or email to:

Upper Tribunal (Lands Chamber)
5th Floor Rolls Building
Fetter Lane
London
EC4A 1NL

Email: lands@justice.gov.uk

If you have appointed a legal representative to manage your case, they must submit all documents to the tribunal using the E-filing service.