The FTT’s grant of permission to appeal
The FTT’s grant of permission to appeal
That decision of course left the 195 leaseholders considerably out of pocket so far as costs were concerned, and they asked permission to appeal the decision. The FTT granted permission and said:
“While some of the submissions made in the request for permission to appeal have already been dealt with within the body of the tribunal’s original decision, some others that are new appear to be arguable and the tribunal considers that they have a realistic prospect of success.”
That is puzzling, because as Mr Verduyn helpfully agrees there is nothing in the grounds of appeal that amounted to a new argument not raised in the initial application. But there it is. There are three grounds of appeal.
- Heading
- 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
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