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 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)
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.
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
Please follow the link below to the judgement on part one of this case handed down by HHJ Cotter on the 28th October 2010
This is an article that the Sunday Express ran on the 1st August 2010, about the court success of the 3rd March 2010.
Click on this link, Sunday Express Article 1-08-10
Click HERE to read the recent ‘This Is Cornwall’ news article, concerning the landmark victory of the Point Curlew Tenants court case.
Below is a link to a PDF document of the court judgment from the 3rd March 2010
Click on this link Phillips – Goddard V Francis – 03/03/2010