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Conclusion on the grounds of appeal
Conclusion on the grounds of appeal
For all the reasons set out above the FTT’s decision to include the Additional Items in the remediation order was procedurally irregular and unfair, and is set aside.
- Heading
- Introduction
- The statutory background: the Building Safety Act 2022
- The factual background
- The MAF report and the application to the FTT
- The hearing on 27 March 2024
- The FTT’s decision and the remediation order
- The appeal
- The FTT’s raising of the Additional Items on its own initiative
- Decision contrary to the evidence
- Inappropriate use of the FTT’s expertise
- The matters were not put to MRL or its expert witnesses
- Additional Items not identified in the March order
- Conclusion on the grounds of appeal
- Consequences
- Conclusions