[2023] UKUT 208 (LC)

Fecha: 21-Ago-2023

Conclusions

Conclusion

56.

The appeal is allowed on issues 1 and 2, but the FTT’s determination of the service charges payable is varied only to the extent identified in paragraph 48 above. The appeal on issue 3 is refused.

57.

In the event, the FTT’s inflexibility in responding to points made to it has led to parts of its decision being set aside. On the other hand, the unusually detailed knowledge already available to Mr Saunders has saved the more important part of the decision. It does seem to me that the form of directions employed in this case created some risk of injustice. A procedure which requires the paying party to identify the issues when it may have only limited information, and which places no onus on the receiving party to disclose documents which might be adverse to its case may not always be a reliable way of ensuring that the FTT has all the information it needs to determine a case fairly. More extensive disclosure obligations might be one solution but are likely to be disproportionate in many cases. A more bespoke approach to case management, including an early procedural hearing at which the issues could be discussed and properly identified, might be an alternative. But it is for the FTT, and not this Tribunal, to consider what is required to enable every case to be dealt with fairly and justly.

Martin Rodger KC

Deputy Chamber President

21 August 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.