MR JOSE AND MRS ROSA NOGUEIRA AND OTHERS v THE LORD MAYOR AND CITIZENS OF WESTMINSTER
Decision date: 4 September 2014
Neutral citation: [2014] UKUT 327 (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 the First-tier Tribunal's approval of a major works charge (contract H127) where it accepted the respondent's undertakings to remedy significant defects rather than making deductions. The Upper Tribunal held the F-tT should not have accepted those undertakings in the form used and that it was inappropriate to make no reduction where defects remained; the matter was remitted for the F-tT to determine appropriate individual or global deductions and to reconsider whether dispensation should be conditional on payment of certain consultation costs (including fees for Mr Byers). The remitted issues include whether H127 covered painting/boxing-in pipework and the extent of deductions payable to each appellant.
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
A tribunal should not approve a service-charge demand in full by relying solely on the respondent’s undertakings to carry out substantial remedial works when the tribunal accepts there are significant outstanding defects; the tribunal must either make specific deductions (individually or on a global basis) or properly determine otherwise before allowing full payment.
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 judgment observes that undertakings to pay fees or exclude costs from service charges are different in enforcement character from undertakings to carry out substantial remedial works, and that practical difficulties may justify global percentage or categorical deductions rather than detailed individual pricing — approaches the F-tT may adopt where individualised determinations are impractical.