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Thames Valley Holdings Limited v The National Trust (2012) [2012] EWCA Civ 1019

DATE: 05 Jul 2012

This case concerned the costs order applicable to interlocutory applications in proceedings under section 84 of the Law of Property Act 1925. The Court of Appeal held that once an objector has established his or her right to be an objector then the objector is in the favourable regime as to costs described in paragraph 12.5.3 Upper Tribunal (Lands Chamber), with the consequence that there is a ‘normal rule’ that the ‘reasonable’ objector will not ordinarily have to pay the costs of an interlocutory application, even when unsuccessful.