[2024] UKUT 253 (LC)

Case No: LC-2024-40

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

FTT REF: MAN/OOBY/LBC/2022/0024 and others listed in the schedule

10 September 2024

TRIBUNALS, COURTS AND ENFORCEMENT ACT 2007

COSTS – CONDUCT - what amounts to “unreasonable conduct” for the purposes of rule 13(1)(b) of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 – failure to send a letter before action – issue of proceedings in the knowledge that the FTT had no jurisdiction

BETWEEN:

ZAID ALOTHMAN HOLDINGS LIMITED AND 75 OTHERS

Appellants

-and-

BETTER INTELLIGENT MANAGEMENT LIMITED AND

PHOENIX PLACE (LIVERPOOL) MANAGEMENT LIMITED

Respondents

Block A and Block B,

Phoenix Place,

5 Prince Edward Street,

Liverpool, L5 3AA

Upper Tribunal Judge Elizabeth Cooke

Decision on written representations

Mr Jonathan Upton for the appellants, instructed by Mishcon de Reya LLP

Mr David Gilchrist for the respondents, instructed by HM3 Legal

© CROWN COPYRIGHT 2024

The following cases are referred to in this decision:

Goodrich v Paisner and others [1956) WLR 1053

JLK Ltd v Ezekwe [2017] UKUT 277 (LC)

Q Studios (Stoke) RTM Co Ltd v Premier Ground Rents No 6 Ltd [2020] UKUT 197 (LC)

Ridehalgh v Horsefield [1994] EWCA Civ 40

Willow Court Management Company (1985) Ltd v Alexander [2016] UKUT 290 (LC)