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Introduction
Introduction
This is the second time that the Tribunal has had to determine an appeal in proceedings relating to service charges brought by the appellants in 2019. In March 2022 I decided an appeal from a decision of the FTT on two preliminary issues, in G & A Gorrara Ltd and others v Kenilworth Court Block E RTM Co Ltd [2022] UKUT 90 (LC). The present appeal is from the FTT’s decision of 29 November 2022 on two further preliminary issues in the same proceedings.
The appellants were represented in the appeal by Ms Amanda Gourlay, and the respondent by Mr Thomas Walsh, both of counsel. I am grateful to them both.
- Heading
- Introduction
- The factual and legal context
- The application to the FTT
- The decisions in the FTT so far
- The grounds of appeal
- The appeal on admission or agreement
- The FTT’s decision in the present appeal
- The arguments in the appeal
- Conclusions on this point
- Estoppel by convention
- The relevance of estoppel by convention to service charge disputes
- Estoppel by convention in the present appeal
- Conclusions