Lands Chamber - Revision history

Editor at 17:27, 29 March 2021

2021-03-29T17:27:57Z

← Older revision		Revision as of 17:27, 29 March 2021
Line 61:		Line 61:
	* Planning permission.		* Planning permission.
	* Property blight.		* Property blight.
		+	* Property Chamber First tier Tribunal FTT.
	* Restrictive covenant.		* Restrictive covenant.
	* Rights to light.		* Rights to light.

Designing Buildings at 07:49, 27 November 2020

2020-11-27T07:49:29Z

← Older revision		Revision as of 07:49, 27 November 2020
Line 51:		Line 51:
	There is a decisions database available to search and find out the reasons why previous decisions have been made by the Chamber.		There is a decisions database available to search and find out the reasons why previous decisions have been made by the Chamber.

−	~~= Find out more =~~	+	= Related articles on Designing Buildings Wiki =
−		+
−	=== Related articles on Designing Buildings Wiki ===	+

	* Civil procedure rules.		* Civil procedure rules.
Line 67:		Line 65:
	* Technology and Construction Court.		* Technology and Construction Court.

−	=== External resources ===	+	= External resources =

	* Gov.uk - [https://www.gov.uk/appeal-upper-tribunal-lands/overview Upper Tribunal lands]		* Gov.uk - [https://www.gov.uk/appeal-upper-tribunal-lands/overview Upper Tribunal lands]

−	[[Category:~~Case_law~~]] [[Category:~~DCN_Case_Law~~]] [[Category:Property_law]] [[Category:Public_procedures]] [[Category:Roles_/_services]]	+	[[Category:DCN_Definition]] [[Category:DCN_Guidance]] [[Category:DCN_Organisation]] [[Category:Case_law]] [[Category:Property_law]] [[Category:Public_procedures]] [[Category:Roles_/_services]]

Designing Buildings at 12:21, 11 January 2018

2018-01-11T12:21:45Z

← Older revision		Revision as of 12:21, 11 January 2018
Line 49:		Line 49:
	= Decisions database =		= Decisions database =

−	There is a ~~[http://landschamber.decisions.tribunals.gov.uk//Aspx/Default.aspx~~ decisions database] available to search and find out the reasons why previous decisions have been made by the Chamber.	+	There is a decisions database available to search and find out the reasons why previous decisions have been made by the Chamber.

	= Find out more =		= Find out more =
Line 71:		Line 71:
	* Gov.uk - [https://www.gov.uk/appeal-upper-tribunal-lands/overview Upper Tribunal lands]		* Gov.uk - [https://www.gov.uk/appeal-upper-tribunal-lands/overview Upper Tribunal lands]

−	[[Category:Case_law]] [[Category:Property_law]] [[Category:Public_procedures]] [[Category:Roles_/_services]]	+	[[Category:Case_law]] [[Category:DCN_Case_Law]] [[Category:Property_law]] [[Category:Public_procedures]] [[Category:Roles_/_services]]

Designing Buildings at 13:59, 12 April 2017

2017-04-12T13:59:35Z

← Older revision		Revision as of 13:59, 12 April 2017
Line 3:		Line 3:
	The Lands Chamber is one of four chambers within the Upper Tribunal, part of the UK’s administrative justice system. It was formerly the Lands Tribunal, created by the Lands Tribunal Act 1949, but its functions were transferred to the Upper Tribunal in 2009.		The Lands Chamber is one of four chambers within the Upper Tribunal, part of the UK’s administrative justice system. It was formerly the Lands Tribunal, created by the Lands Tribunal Act 1949, but its functions were transferred to the Upper Tribunal in 2009.

−	The Upper Tribunal was set up to provide a common means of handling appeals against the decisions of lower tribunals. As such it has equivalent status to the High Court, allowing it to set precedents and enforce ~~its~~ decisions. It is the only tribunal to have the power of judicial review.	+	The Upper Tribunal was set up to provide a common means for handling appeals against the decisions of lower tribunals. As such it has equivalent status to the High Court, allowing it to set precedents and enforce decisions. It is the only tribunal to have the power of judicial review.

−	The Lands Chamber is independent and decides on land disputes, as well as appeals from ~~the following tribunals~~:	+	The Lands Chamber is independent and decides on land disputes, as well as appeals from:

−	* Valuation ~~Tribunals~~.	+	* Valuation tribunals.
−	* Leasehold ~~Valuation Tribunals~~.	+	* Leasehold valuation tribunals.
−	* Residential ~~Property Tribunals~~.	+	* Residential property tribunals.

	= Applying =		= Applying =

−	It is possible to apply to the tribunal if the case is about ~~the following~~:	+	It is possible to apply to the tribunal if the case is about:

	* Compensation for the compulsory purchase of land.		* Compensation for the compulsory purchase of land.
	* Discharge or modification of land affected by a restrictive covenant.		* Discharge or modification of land affected by a restrictive covenant.
−	* Compensation for ~~the effect on~~ land affected by public works.	+	* Compensation for land affected by public works.
	* A tree preservation order.		* A tree preservation order.
	* Compensation for damage to land caused by subsidence from mining.		* Compensation for damage to land caused by subsidence from mining.
	* Valuation of land or buildings for capital gains tax or inheritance tax purposes.		* Valuation of land or buildings for capital gains tax or inheritance tax purposes.
−	* ~~Right~~ to light ~~dispute~~.	+	* Rights to light disputes.
−	* Compensation for ~~blighted land~~.	+	* Compensation for property blight.

−	~~Opting~~ for a mediation service could be ~~both~~ quicker and cheaper than applying for the tribunal.	+	However, opting for a mediation service could be quicker and cheaper than applying for the tribunal.

	= Appealing =		= Appealing =

−	It is possible to appeal to the Lands Chamber if it is believed there was a legal problem with the decision of the tribunals ~~listed above~~ or the First-tier Tribunal (Property Chamber). However, permission must be given by the original tribunal before an appeal is possible. (~~The exception is if~~ the case is about a rates decision made by the ~~Valuation Tribunal~~ in England or Wales.)	+	It is possible to appeal to the Lands Chamber if it is believed there was a legal problem with the decision of the tribunals or the First-tier Tribunal (Property Chamber). However, permission must be given by the original tribunal before an appeal is possible (unless the case is about a rates decision made by the valuation tribunal in England or Wales).

−	The instructions for appealing are contained in the decision letter. A request for permission must be received by the original tribunal within 28 days of the decision letter. ~~Things to be included are as follows~~:	+	The instructions for appealing are contained in the decision letter. A request for permission must be received by the original tribunal within 28 days of the decision letter.
		+
		+	An appeal should include:

	* A copy of the decision being appealed.		* A copy of the decision being appealed.
−	* ~~Brief~~ summary of what the case is about.	+	* A brief summary of what the case is about.
−	* Whether the party appealing wishes to attend the appeal hearing ~~or not~~.	+	* Whether the party appealing wishes to attend the appeal hearing.
	* Whether any expert witnesses are to be called.		* Whether any expert witnesses are to be called.
	* ‘Statement of case’, i.e. why the decision is being appealed.		* ‘Statement of case’, i.e. why the decision is being appealed.
	* Any other documents required.		* Any other documents required.

−	The ~~chamber~~ than decides whether to consider a case, and usually will ask the applicant to attend a hearing. Hearings are ~~usually~~ held in public and, depending on the size of the claim, can cost between £275 and £16,500. If the case is won, the chamber may order the other party to pay the hearing costs.	+	The Chamber than decides whether to consider the case, and usually will ask the applicant to attend a hearing. Hearings are generally held in public and, depending on the size of the claim, can cost between £275 and £16,500. If the case is won, the chamber may order the other party to pay the hearing costs.

	A decision is issued in writing, usually within 3 months of the hearing.		A decision is issued in writing, usually within 3 months of the hearing.

−	If it is believed there was a legal problem with the decision at the Lands Chamber, it may be possible to appeal to a higher court~~, although legal advice should be sought~~. If the Chamber judge refuses permission, the applicant can take their appeal request to the Court of Appeal in England and Wales.	+	If it is believed there was a legal problem with the decision at the Lands Chamber, it may be possible to appeal to a higher court. If the Chamber judge refuses permission, the applicant can take their appeal request to the Court of Appeal in England and Wales.

	= Decisions database =		= Decisions database =

−	There is a [http://landschamber.decisions.tribunals.gov.uk//Aspx/Default.aspx decisions database] ~~that is~~ available to search and find out the reasons why previous decisions have been made by the ~~chamber~~.	+	There is a [http://landschamber.decisions.tribunals.gov.uk//Aspx/Default.aspx decisions database] available to search and find out the reasons why previous decisions have been made by the Chamber.

	= Find out more =		= Find out more =

Editor: Created page with "= Introduction = The Lands Chamber is one of four chambers within the Upper Tribunal, part of the UK’s administrative justice system. It was formerly the Lands Tribunal, creat..."

2017-04-11T15:25:50Z

Created page with "= Introduction = The Lands Chamber is one of four chambers within the Upper Tribunal, part of the UK’s administrative justice system. It was formerly the Lands Tribunal, creat..."

New page

= Introduction =

The Lands Chamber is one of four chambers within the Upper Tribunal, part of the UK’s administrative justice system. It was formerly the Lands Tribunal, created by the Lands Tribunal Act 1949, but its functions were transferred to the Upper Tribunal in 2009.

The Upper Tribunal was set up to provide a common means of handling appeals against the decisions of lower tribunals. As such it has equivalent status to the High Court, allowing it to set precedents and enforce its decisions. It is the only tribunal to have the power of judicial review.

The Lands Chamber is independent and decides on land disputes, as well as appeals from the following tribunals:

* Valuation Tribunals.
* Leasehold Valuation Tribunals.
* Residential Property Tribunals.

= Applying =

It is possible to apply to the tribunal if the case is about the following:

* Compensation for the compulsory purchase of land.
* Discharge or modification of land affected by a restrictive covenant.
* Compensation for the effect on land affected by public works.
* A tree preservation order.
* Compensation for damage to land caused by subsidence from mining.
* Valuation of land or buildings for capital gains tax or inheritance tax purposes.
* Right to light dispute.
* Compensation for blighted land.

Opting for a mediation service could be both quicker and cheaper than applying for the tribunal.

= Appealing =

It is possible to appeal to the Lands Chamber if it is believed there was a legal problem with the decision of the tribunals listed above or the First-tier Tribunal (Property Chamber). However, permission must be given by the original tribunal before an appeal is possible. (The exception is if the case is about a rates decision made by the Valuation Tribunal in England or Wales.)

The instructions for appealing are contained in the decision letter. A request for permission must be received by the original tribunal within 28 days of the decision letter. Things to be included are as follows:

* A copy of the decision being appealed.
* Brief summary of what the case is about.
* Whether the party appealing wishes to attend the appeal hearing or not.
* Whether any expert witnesses are to be called.
* ‘Statement of case’, i.e. why the decision is being appealed.
* Any other documents required.

The chamber than decides whether to consider a case, and usually will ask the applicant to attend a hearing. Hearings are usually held in public and, depending on the size of the claim, can cost between £275 and £16,500. If the case is won, the chamber may order the other party to pay the hearing costs.

A decision is issued in writing, usually within 3 months of the hearing.

If it is believed there was a legal problem with the decision at the Lands Chamber, it may be possible to appeal to a higher court, although legal advice should be sought. If the Chamber judge refuses permission, the applicant can take their appeal request to the Court of Appeal in England and Wales.

= Decisions database =

There is a [http://landschamber.decisions.tribunals.gov.uk//Aspx/Default.aspx decisions database] that is available to search and find out the reasons why previous decisions have been made by the chamber.

= Find out more =

=== Related articles on Designing Buildings Wiki ===

* Civil procedure rules.
* Court settlement process.
* Disputes.
* European Court of Human Rights.
* Litigation.
* Mediation.
* Planning permission.
* Property blight.
* Restrictive covenant.
* Rights to light.
* Technology and Construction Court.

=== External resources ===

* Gov.uk - [https://www.gov.uk/appeal-upper-tribunal-lands/overview Upper Tribunal lands]

[[Category:Case_law]] [[Category:Property_law]] [[Category:Public_procedures]] [[Category:Roles_/_services]]