214 Bermondsey Street Limited v Crispin Corfe & Ors

Decision date: 2 March 2026

Neutral citation: [2026] UKUT 96 (LC)

Overall AI summary confidence: medium

AI Notice: Any short overview, ratio decidendi summary or obiter dicta summary shown on this page is AI-generated, provided only to help users assess potential relevance more quickly, and may be wholly inaccurate. No liability is accepted for the accuracy of any such summary, regardless of any AI confidence rating shown. Users should check the underlying decision and obtain appropriate legal advice rather than relying on any summary.

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: medium

This appeal concerned whether four service-charge invoices for fire-safety work at 214 Bermondsey Street were recoverable. The First-tier Tribunal allowed one invoice, disallowed another (not appealed) and rejected two Assessed Risk invoices; the Upper Tribunal found the FTT had overlooked explanations in the appellant's pleadings and should have given the appellant an opportunity to address a new substantive point the FTT raised, set aside those conclusions, and remitted the question of what reduced sum (if any) is reasonably payable given the FTT's adverse finding about the poor quality of the Assessed Risk report.

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

From the judgment as recorded in the notes: (1) a tribunal must take into account explanations contained in a party’s pleaded case in the case bundle and not disregard them as non-evidence without basis; and (2) a tribunal should not introduce a new substantive ground for disallowing costs (here, criticizing the choice of contractor) without giving the affected party an opportunity to respond. These principles led to setting aside the FTT conclusions about the Assessed Risk invoices.

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 notes record observations that pleaded explanations in a statement of case may suffice as material to be considered even if not separately served as evidence, and that contractor dissolution or invoicing/VAT anomalies do not, without more, preclude recovery where explanations are provided and work was performed. These comments appear as non-binding observations rather than central holdings.