Jonathan Upton KC instructed by Joanna Lampert and Hannah Morris of Mishcon de Reya acted for the successful Respondents in the latest instalment of the long-running Phoenix litigation.     

The latest decision is the tenth reasoned judgment in this saga, which has been litigated in the County Court, the Chancery Division (twice), the Court of Appeal, the First-tier Tribunal, and the Upper Tribunal (twice).

This part of the dispute relates to the leaseholders’ claim to acquire the right to manage.  The Upper Tribunal (Deputy President, Martin Rodger KC) has dismissed an appeal by the freeholder of Phoenix Place against the FTT’s determination that the Respondent RTM companies are entitled to acquire the right to manage. 

The appeal raised issues relating to the validity and effect of notices, the First-tier Tribunal’s jurisdiction and estoppel by representation.  

The Upper Tribunal rejected the Appellant’s argument that a notice was “held in abeyance” and therefore “continued in force” until it has been “withdrawn or determined to be invalid”.  The decision contains a helpful analysis of the authorities on the validity of notices.  The Upper Tribunal also rejected the Appellant’s argument that the First-tier Tribunal did not have jurisdiction to determine the validity and effect of the notices, reaffirming the principle that “any court or tribunal has power to satisfy itself that it has jurisdiction to determine an issue in proceedings before it, and to consider any question which it is necessary to consider in order to do so.”

A copy of the Judgment can be downloaded here.