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Rawdon Crozier in the Upper Tribunal.

27th July 2021

The Upper Tribunal (Lands Chamber)'s decision in  Francis v Sandoz & Steer [2021] UKUT 174 (LC) was handed down today and is available on BAILLI https://www.bailii.org/uk/cases/UKUT/LC/2021/174.html

Among other things, the case considers the correct approach where there are inconsistent decisions of the FTT and the extent to which issue estoppel applies where the parties are in a continuing contractual relationship of landlord and tenant. Strangely this is the second time, proceedings between the same parties, albeit in relation to different service charge years, have produced an inconsistency issue. In Sandoz & Steer v Francis [2020] UKUT 131 (LC), reported at   https://bailii.org/uk/cases/UKUT/LC/2020/131.html… the Upper Tribunal held that costs of managing agents incurred in connection with proceedings before the FTT, in which they had been made subject to an order under the Landlord & Tenant Act 1985 section 20C that they were not to be regarded as relevant costs in determining the amount of the service charge, could not be awarded in subsequent proceedings on the basis that they would have been incurred in any event regardless of the earlier proceedings.

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Rawdon Crozier in the Upper Tribunal.