LC-2023-000734 - [2025] UKUT 00058 (LC)

Fecha: 20-Feb-2025

Conclusions

The outcome of the Preliminary Issues

402.

For the reasons set out in this decision, we return the following answers to the Preliminary Issues:

(1)

Preliminary Issue (a) – The Respondents have failed to establish a breach of the Alienation Clause. Accordingly, Icon cannot rely upon Paragraph (a).

(2)

Preliminary Issue (c) – The Respondents have failed to establish that Icon has an intention to redevelop within the meaning of Paragraph (c). Accordingly, Icon cannot rely upon Paragraph (c).

(3)

Preliminary Issue (d) – The test under Paragraph 21 for the imposition of the code agreement on the site provider is met. Accordingly, Icon cannot rely on Paragraph (d).

The Chamber President, Mr Justice Edwin Johnson Mrs Diane Martin TD, MRICS FAAV

20 February 2025

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.