Following complaints to the Solicitors Regulation Authority by the landlords of Atlantic Bays and their solicitor Enigma the PCTA solicitor Mr Knapper was referred to the Solicitors Disciplinary Tribunal.
After a five day hearing the PCTA are pleased to announce that all allegations have been defeated and Mr Knapper absolved of all accusations of dishonesty or reckless action.
The full judgement will be published here when available.
The First Tier Tribunal have reached a decision on the landlords application to determine if their 2020 On-Account demand is reasonable.
The demand was for £1,933.70 this has been reduced to £1,474.89.
Determination below
The landlords at Atlantic Bays alleged that the leaseholders represented by the tenants association, the PCTA had committed fraud during the Phillips & Goddard v Francis & Francis litigation in 2009. The PCTA applied for the application to be struck out and won on all counts.
HHJ Cotter ruled that
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
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.
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.
The landlords of Atlantic Bays Holiday Park (formerly Point Curlew) have been slated in a High Court action in Bristol.
They have been branded by HHJ McCahill as liars and attempting to mislead the court. He commented that Mr Francis would use people to achieve what he wanted. You can read a transcript of the judgement by following the links below.
Mr and Mrs Francis are apparently appealing the judgement in which costs were awarded against them in the region of £340,000.
Sept 25th – We have been informed that the appeal has been refused on paper. Mr and Mrs Francis may still apply for an oral hearing for permission to appeal.
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.
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 .
Sir Andrew Morritt Chancellor for the High Court has delivered his judgement on the appeal of two issues from the Phillips & Goddard v Francis & Francis Part One judgement.
This judgement will have far reaching affects for tenants who pay variable service charges as it concerns how to deal with Qualifying Works.
Click below for the judgement