[2024] UKUT 81 (LC)

Fecha: 08-Abr-2024

Conclusions

Conclusion

83.

Since the appeal has succeeded on both issues, it follows that the FTT now has to decide the amount in which final service charges are payable for the eight years from 2012/13 to 2019/20.

84.

As I indicated above this has the potential to be a herculean task, and the proceedings have become enmired in preliminary issues. Urgent work on Block E may be delayed, and much-needed resources of the respondent are being wasted, while this dispute is further protracted. There are essentially three issues for decision: the first is the correct apportionment (if that is still in dispute), the second is the amount of final service charges for the eight years, and the third is the appellants’ claim for set-off.

85.

I suggest to the FTT, and it is no more than a suggestion, that it give directions for the determination of all outstanding issues at a single hearing, even if that hearing lasts a fortnight or more, so that all parties are obliged to bite the bullet of looking at this case as a whole and counting the cost of proceeding. I suggest to the parties, and again I can only suggest, that they ask themselves what they would settle for and then try again to settle (I know that mediation has been attempted), in the hope that the parties can move on from this litigation and work towards constructive co-operation.

Upper Tribunal Judge Elizabeth Cooke

8 April 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.