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Venue - Royal Courts of Justice
TRIBUNALS, COURTS AND ENFORCEMENT ACT 2007
AN APPEAL AGAINST A DECISION OF THE FIRST-TIER TRIBUNAL
(PROPERTY CHAMBER)
LANDLORD AND TENANT – SERVICE CHARGES – costs under rule 13(1)(b) – unreasonable conduct of a management company and its representative and agent
BETWEEN
KATHRYN ANNE LEA AND OTHER LONG LEASEHOLDERS (1)
Appellants
-and-
GP ILFRACOMBE MANAGEMENT COMPANY LIMITED (1)
MICHAEL GUBBAY (2)
EPWORTH SW LTD (3)
Respondents
Re: Ilfracombe Holiday Park,
Marlborough Road,
Ilfracombe,
EX34 8PF
Judge Elizabeth Cooke
24 April 2023
Decision Date: 30 May 2023
Mr Anthony Verduyn for the appellants, instructed by Trowers & Hamlins LLP
Mr Simon Allison for the second respondent, instructed by Property Management Legal Services Limited
© CROWN COPYRIGHT 2023
The following cases are referred to in this decision:
23 Dollis Avenue (1998) Limited v Vejdani and Echraghi [2016] UKUT 365
Assethold Limited v Adam ad other leaseholders of Corben Mews [2022] UKUT 282 (LC)
London Borough of Hounslow v Waaler [2017] EWCA Civ 45
Willow Court Management Company (1985) Limited v Alexander [[2016] UKUT 290 (LC)
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- Introduction
- The background
- What happened after GP Holidays went into administration
- The costs application and the decision in the FTT
- The FTT’s grant of permission to appeal
- Ground 1
- Grounds 2 and 3: too narrow a focus
- Bringing and conducting proceedings to recover charges set without any reasonable basis, and prematurely
- Company law defaults
- Procedural defaults
- Mr Gubbay’s conduct and the conflict of interest
- The conduct of the hearing
- Conclusions
![[2023] UKUT 108 (LC)](https://backend.juristeca.com/files/emisores/logo_lnJS4Uj.png)