Court of Appeal rejects attempt to inject Part 36 into Upper Tribunal Rules

Mann and Ors v Transport for London [2018] EWCA Civ 1520.

Lord Justice Lindblom on appeal from the Upper Tribunal (Lands Chamber):

“The Tribunal’s discretion as to costs is a deliberately broad discretion, exercisable in a wide variety of proceedings. The Rules do not contain provisions corresponding to those in the self-contained procedure in CPR Part 36, “Offers to Settle”, including the provisions for “Costs consequences following judgment” in CPR 36.17. If it had been thought necessary or desirable to import the provisions of CPR Part 36 into the Rules, or to insert into the procedural framework of the Tribunal a more refined code for determining applications for costs where offers to settle have been made by one party or the other before the hearing, this could easily have been done. It was not done – either when the Rules were originally made or when they were amended in 2013″.