Case No. UKUT-0130-(LC)-UTLC-Case-Number:-LC-2022-142

4.The claimant’s Statement of Case was dated 22 March 2023, and verified by a Statement of Truth by the claimant’s solicitor. It said that the claimant’s agent had written to the respondent at its registered office in Luxembourg on 27 October 2021, and received a reply on 3 November 2021, denying the claimants access to the building and citing confidential future plans for the building.5.Two days ago the Tribunal was informed that that was not true; in fact no reply was received. What did happen on 3 November 2021 was that the claimant’s solicitors sent a chasing letter but again no response was received. A paragraph 26 notice was served by international tracked delivery on 25 January 2022. 6.The paragraph 26 notice was addressed to the Mayor and Burgesses of the London Borough of Lambeth, although the draft paragraph 26 agreement annexed to it gave the correct parties. Ms Chorfi tells me that international tracked delivernotice required a signature on delivery. The Tribunal has seen a proof of delivery from the Post Office but there is no signature and there is no evidence that the notice came to the attention of the respondent.7.No response to that notice was received and so a reference was issued on 23 March 2022. On 28 March 2022 the Tribunal served the notice of reference upon the respondent at its registered office and gave directions. The directions required the respondent to file and serve a response to the notice of reference, stated that the Tribunal would determine the application if possible at the case management hearing today, and directed that the evidence for the claimant would be the claimant’s Statement of Case verified by a Statement of Truth by the claimant’s solicitor.8.The claimant’s solicitor has filed a further witness statement dated 11 May 2022 without permission from the Tribunal. In it he said that the reference to a response from the respondent on 3 November 2021 was “pleaded in error”, but gave no explanation for that.9.The Respondent did not respond to the Notice of Reference and did not appear at the hearing.