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

On 12^th January 2024 a case management hearing was held in the Tribunal, before Martin Rodger KC (the Deputy Chamber President), in the Termination Proceedings and the Renewal Proceedings. By his order made on the case management hearing, as that order was subsequently amended on 29^th January 2024, the Deputy Chamber President gave a number of directions. As mentioned above, this amended order (“the Directions Order”) included directions for the determination of the preliminary issues which have now come before us for the Trial. These preliminary issues (“the Preliminary Issues”), as stated in the Directions Order, are as follows (the underlining is not added and shows the amendment to the Directions Order):

“(a)

whether the claimant’s Code agreement ought to come to an end as a result of substantial breaches by the claimant of its obligations under the agreement (paragraph 31(4)(a) of the Code);

(b)

whether the first respondent intends to redevelop all or part of the land to which the claimant's Code agreement relates, or any neighbouring land, and could not reasonably do so unless the claimant's Code agreement comes to an end (paragraph 31(4)(c) of the Code); and

(b)

whether the claimant is not entitled to a Code agreement because the test under paragraph 21 of the Code for the imposition of an agreement on the respondents is not met (paragraph 31(4)(d) of the Code).”

The question in the Preliminary Issues is therefore whether Icon can terminate the 2003 Agreement upon all or any of the grounds set out in Paragraphs (a), (c) or (d). We will refer to the Preliminary Issues, using the relevant sub-paragraph letter of Paragraph 31(4), as “Preliminary Issue (a)”, “Preliminary Issue (c)” and “Preliminary Issue (d)”.

By the Directions Order the Deputy Chamber President also added APW as Second Respondent to the Termination Proceedings, but only for the purpose of compliance with directions relating to disclosure. The Renewal Proceedings were also stayed until further order.