[2024] UKUT 59 (LC)

Case No: LC-2024-59

AN APPEAL AGAINST A DECISION OF THE FIRST-TIER TRIBUNAL (PROPERTY CHAMBER)

FTT REF: LON/00BG/HY1/2023/0022

15 March 2024

TRIBUNALS, COURTS AND ENFORCEMENT ACT 2007

BUILDING SAFETY – ACCOUNTABLE PERSON – whether a tribunal appointed manager is an accountable person – whether manager’s functions which overlap with building safety functions are discharged or continue – Part 4 and Schedule 7, Building Safety Act 2022; section 24(2E), Landlord and Tenant Act 1987 – appeal dismissed

BETWEEN:

SOLOMON UNSDORFER

Appellant

-and-

OCTAGON OVERSEAS LIMITED (1)

CANARY RIVERSIDE ESTATE MANAGEMENT LIMITED (2)

RIVERSIDE CREM 3 LIMITED (3)

CIRCUS APARTMENTS LIMITED (4)

JOSEPHINE SWABY

(ON BEHALF OF THE RESIDENTS’ ASSOCIATION OF CANARY RIVERSIDE) (5)

Respondents

Canary Riverside Estate,

Westferry Circus, London E14

Martin Rodger KC,

Deputy Chamber President

29 February 2024

Daniel Dovar, instructed by Wallace LLP, for the appellant

Timothy Morshead KC, instructed by Freeths LLP, for first to third respondents

Philip Rainey KC made submissions in writing on behalf of the fourth respondent

Jonathan Upton made submissions in writing on behalf of the fifth respondent

© CROWN COPYRIGHT 2024

The following cases are referred to in this decision:

FirstPort Property Services Ltd v Settlers Court RTM Company Ltd [2022] UKSC 1

General Medical Council and others v Michalak [2017] UKSC 71; [2017] 1 WLR 4193

K Group Holdings Inc v Chuan-Hui [2021] 1 WLR 5981

Maunder Taylor v Blaquiere [2003] 1 WLR 379

Moore v Gad [1997] BCC 655

O (a minor), R (on the application of) v Secretary of State for the Home Department [2022] UKSC 3

Orchard v Mooney [2023] UKUT 78 (LC)

Pepper v Hart [1993] AC 593

Royal Borough of Kensington & Chelsea v Lessees of 1-124 Pond House [2015] UKUT 395 (LC); [2016] L&TR 10

Sadeh v Mirhan [2015] UKUT 428 (LC)