Louise Webb & Anor v Sunley (Findlay Close) Residents Ltd
Decision date: 1 July 2022
Neutral citation: [2022] UKUT 171 (LC)
Overall AI summary confidence: high
Short overview
This short overview is intended to summarise the case, issues and outcome so far as they are supported by the judgment.
AI confidence in this short overview: high
This appeal concerned whether service of demands for unpaid service charges for 2016–2020 on the leaseholders had been proved and whether the First-tier Tribunal (FTT) could decide contested factual issues on the papers. The Upper Tribunal held the FTT unfairly decided a real dispute of fact (including a resident manager’s statement she had not received demands) without oral testing, set aside the FTT’s decision that the charges were payable, and remitted the matter for further directions or a hearing.
Ratio decidendi
This summary is intended to identify the ratio decidendi, meaning the legal reasons for deciding and the binding part of the decision.
AI confidence in this ratio decidendi summary: medium
Where there is a genuine dispute of fact about whether documents (here, service charge demands) were served, the FTT should not resolve that issue on the papers if doing so would prevent the testing of oral evidence; the party asserting service bears the burden of proving it.
Obiter dicta
This summary is intended to identify obiter dicta, meaning observations made by the way that were not necessary to deciding the case and are not binding.
AI confidence in this obiter dicta summary: medium
The tribunal suggested the respondent should carefully consider whether it can prove service before seeking further directions, and noted that a resident manager’s statement that she did not receive demands is plainly relevant to the question of service and may necessitate cross-examination.