HHJ Cotter sitting in the County Court Exeter has ruled that the landlords of Atlantic Bays cannot charge 75% of their legal costs incurred in the County Court hearings Part 1 and 2 to the service charge. See ruling below
s20C Judgment dated 17-05-19
The ruling of course does not apply to non-applicants and those chalet owners who did not take part can be charged their proportion of the costs in full.
Mr and Mrs Francis applied for permission to appeal the decision in Francis v Knapper and Others.
This permission has been refused by the Court of Appeal, see link to decision below.
F v CK Permission to Appeal refused 17-05-30
Lord Justice Flaux makes it clear in paragraphs 1 and 2 that the alleged new evidence would have had no effect on the decision reached by Andrew Baker J in the High Court.
The determination of the First-Tier Tribunal Property Chamber for major works in 2008 and 2009 and for the reasonableness of service charges for 2010 – 2012 at Atlantic Bays Holiday Park has now been handed down. See below
Tribunal Determination dated 17-03-09
The PCTA appeal of the First Tier Tribunal judgement concerning On-Account service charge payments for 2015 has been dismissed. The PCTA members have now been ordered to pay the £1,757.52 + VAT as determined by the FtT.
Please see judgement below
2015 Appeal Determination dated 17-01-11
Although this case does not apply to Atlantic Bays it does involve the landlords Mr and Mrs Francis.
In the initial case in the High Court (See “Landlords of Atlantic Bays Slated in Court Case” below) Mr and Mrs Francis were found to be misleading the courts and using people to their own ends. The case was taken to the Appeal Courts in London and the appeal has now been dismissed,
Judgement link below
In this case the landlords at Atlantic Bays made claims of misfeasance over the sale of the park by the directors and legal representatives.
The case was dismissed in the High Courts in London, link to judgement below.