Tag Archives: Appeal Phillips v Francis

UPDATE on Appeal Hearing

The judgement in the appeal of Chancellor Morritt’s Judgement from Phillips & Goddard v Francis was handed down this morning.

Copy below,

PC354 – Phillips final 31.10 (Morritt Appeal Judgement)


New Date for Appeal of Chancellor Morritt’s Judgement

The appeal of Chancellor Morritt’s judgement in the Phillips & Goddard v Francis case was adjourned due to a late intervention by the Secretary of State for Communities & Local Government.

The appeal will be now be heard over two days starting on the 13th or 14th October 2014.


Can you afford to donate £1, if all tenants and holiday home owners who have benefited from our landmark cases donated £1 to defend them then we could win and ensure the benefits we have worked so hard for continue to help everybody.

If you are a tenant or a holiday home owner paying service charges then you will know that the Judgements achieved by the PCTA have benefited YOU, even if you have not had cause to use them yet.

Thanks to a PCTA challenge of the then current legislation the owners of holiday homes now have the protection of the Landlord & Tenant Act 1985 due to a High Court ruling by HHJ Griggs giving them dwellings status. THIS HAS BENEFITED  1,000’s of HOLIDAY HOME OWNERS.

Thanks to an Appeal by the PCTA in the High Courts of certain decisions from Part One of the trial of the reasonableness of service charges for 2008 & 2009, the Chancellor Sir Andrew Morritt clarified the law on fragmentation of Qualifying Works so that a landlord could no longer split these up to avoid consultation. http://www.lease-advice.org/news/story/?item=143. THIS HAS BENEFITED ALL TENANTS

It is the judgement of the Chancellor that is now being appealed by our landlord who is being backed by other landlords and sponsors, that we need your help with. Our resources are low and we need your financial support. We are asking for donations to our legal fund to stop this Second Appeal succeeding and throwing the law back into confusion.

The link below is to a letter detailing our cause and how you can help. Alternatively use our contact form and we will send you the details. We would also ask that you forward the letter to other associations. Copies can be emailed to you on request.

Association letter 9-1-14

If you provide your email address we will keep you updated as to the progress of the Appeal. Use our contact form.

You will also find details of the Judgements in the section “COURT ACTION INFORMATION”

If you are unable to give financial support but wish to support our campaign then write to the PCTA secretary stating why you feel the Chancellors decision was right. We suggest using the PCTA email to send your letter pcta@curlew.org.uk .