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Lands Tribunal

Volume 508: debated on Tuesday 23 March 2010

To ask the Secretary of State for Justice how many (a) applications for permission to appeal, (b) notices of appeal and (c) final hearings of an appeal in relation to appeals against leasehold valuation tribunal decisions have been dealt with by the Lands Tribunal in each year since 2005-06; what proportion of final hearings of such appeals were successful; what fees were paid to the Lands Tribunal for each type of appeal and hearing in each year; and what estimate he has made of the equivalent figures in each year from 2010-11 to 2014-15. (323240)

The information available is shown in the following table. The Ministry of Justice records the total number of leasehold valuation appeals received in a format which includes both requests for leave to appeal and appeals lodged. Figures for (a) and (b) separately could be provided only at disproportionate cost by looking through each case file. In any event, files for cases which have been refused leave by the president are only retained for a year and those which go to hearing are destroyed after three years. The difference between the number of appeals received and heard is accounted for by those which are refused leave to appeal or withdrawn during the appeal process.

Leasehold valuation appeals

2005-06

2006-07

2007-08

2008-09

2009-101

Number of appeals received

147

183

164

184

151

Number of appeals heard

26

26

12

17

27

Number of cases determined on paper and leave refused2

0

65

43

72

97

Proportion of successful appeals (%)

58

23

58

53

52

1 Year to date

2 Cases received in one year may be determined in a following year

The Ministry of Justice does not keep information on fees paid to the Lands Tribunal for each type of appeal and hearing. However, the total fees received for each year were:

Lands tribunal fees

2005-06

2006-07

2007-08

2008-09

2009-101

Total fees (£)

262,262

398,564

417,879

332,943

220,103

1 Year to date

The current planning forecast is that fees income in each year from 2010-11 to 2013-14 will be £300,000 per year. No forecast has been prepared beyond that date. The Ministry of Justice is currently reviewing responses to a consultation1 which proposes an increase in current fee levels. However, current forecasts do not assume any increase in income.

1 Review of fees for the Lands Tribunal (Ref: CP44/09 2 December 2009 - 28 February 2010).