Conclusions
Conclusion
The appeal fails. I have asked the parties’ representatives to agree the terms of the Management Order, which the Tribunal will make; failing agreement I will determine its terms on the basis of written representations by the parties.
Upper Tribunal Judge Elizabeth Cooke
20 December 2024
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
- The legal background
- The factual background and the section 22 notice
- The FTT’s decision
- Ground 1: failure to “particularise” the breaches of covenant in the notice
- Discussion
- The second ground of appeal
- Section 24(7) and the exercise of discretion
- The third ground of appeal
- Conclusions
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