[2024] UKUT 00174 (LC)

Fecha: 14-Jun-2024

Conclusions

Conclusion

60.

The application succeeds, and the restrictions in clause 2(1) and (2) of the 1958 conveyance are discharged.

61.

This decision is final on all matters other than costs. The parties may now make submissions in writing on such costs, and a letter giving directions for the exchange of submissions accompanies this decision. The parties’ attention is drawn to paragraphs 16.7 – 16.11 of the Lands Chamber’s Practice Directions dated 2 January 2024, which can be found at: Practice Directions: Upper Tribunal (Lands Chamber) - Courts and Tribunals Judiciary

Upper Tribunal Judge Elizabeth Cooke Peter D McCrea FRICS FCIArb

14 June 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.