Country Trade Ltd v Marcus Noakes and Others
Decision date: 7 October 2011
Neutral citation: [2011] UKUT 407 (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 challenged LVT findings about secretarial/agents service‑charge items for 2008–2009. The Upper Tribunal allowed the appeal in part, criticising the LVT for making materially adverse findings unsupported by evidence or without putting them to the landlord’s witness, and remitted those issues for rehearing before a differently constituted LVT with directions on evidence and timetable. The re‑hearing must consider lease interpretation (clauses 1.10, 7.1 and Schedule 3 para 1(a)) and reasonableness under section 19 of the Landlord and Tenant Act 1985.
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: high
Tribunals must decide service‑charge disputes on the evidence before them, give reasons intelligible to the parties, and put materially adverse findings to the relevant witness; they should not adopt pejorative characterisations (e.g. “device”, “incestuous”) absent an allegation of sham. Where evidence is lacking tribunals may scrutinise landlord evidence and explain any deductions made.
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 suggests (obiter) that in routine service‑charge cases tribunals may make robust, common‑sense deductions where market or comparative evidence is absent, and that formal burden‑of‑proof rules are seldom decisive because evaluation of facts usually resolves disputes.
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