Conclusions
The outcome of the appeal
The outcome of the appeal is that the appeal is allowed. The Reviewed Decision is set aside, and re-made as a decision in the terms set out above.
Mr Justice Edwin Johnson
Chamber President
13 November 2023
Right of appeal
Any party has a right of appeal to the Court of Appeal on any point of law arising from this decision. The right of appeal may be exercised only with permission. An application for permission to appeal to the Court of Appeal must be sent or delivered to the Tribunal so that it is received within 1 month after the date on which this decision is sent to the parties (unless an application for costs is made within 14 days of the decision being sent to the parties, in which case an application for permission to appeal must be made within 1 month of the date on which the Tribunal’s decision on costs is sent to the parties). An application for permission to appeal must identify the decision of the Tribunal to which it relates, identify the alleged error or errors of law in the decision, and state the result the party making the application is seeking. If the Tribunal refuses permission to appeal a further application may then be made to the Court of Appeal for permission.
- Heading
- Introduction
- Representation at the hearing
- Further submissions
- Relevant background
- The Original Decision
- The Reviewed Decision
- The grounds of appeal
- My jurisdiction in relation to the appeal
- The Section 20C Applications
- Can the decision of the FTT to impose the Costs Condition be upheld? – Analysis
- Is the recovery of the Costs affected by Paragraph 9? – Analysis
- 156, In keeping with this objective, it seems to me that the purpose of the restrictions (or limitations) in Schedule 8 is simply to provide that service charges for certain “things” , to use the lang
- What, if anything, should be done about the Section 20C Applications?
- Summary of my conclusions
- Should the decision to impose the Costs Condition be set aside?
- Should the Reviewed Decision be remitted or re-made and, if so, on what terms?
- Conclusions
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