[2025] UKUT 00138 (LC)

Fecha: 02-May-2025

Conclusions

Conclusion

217.

We now pass the matter back to the parties so that their forensic accountants can work on the findings we have made. We have directed that they exchange reports and also that they file an agreed statement setting out where they differ and why.

218.

As we said at the beginning, this judgment has told a story that lacks its final chapter. We hope that, equipped with the story as we have told it and with the help of the forensic accountants, the parties can write the final chapter together without further assistance from us; but in case that is not possible a hearing has been listed in September 2025 for the accountants to give their evidence on the basis of our findings in this interim decision.

Upper Tribunal Judge Elizabeth Cooke Mr Peter D McCrea OBE FRICS FCIArb

2 May 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 the Tribunal’s subsequent decision, disposing of all the issues in the reference, is sent to the parties (unless an application for costs is made within 14 days of that subsequent 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.