Judgment in FirstPort v Settlers Court RTM [2022] UKSC 1, the first Right to Manage case to reach the Supreme Court, was handed down today, Mark Loveday and Amanda Gourlay appeared for the Respondents in an unusual ‘leapfrog’ appeal directly from the Upper Tribunal (Lands Chamber).
The Court overturned the 2012 Court of Appeal decision in Gala Unity v Ariadne Road RTM, and decided that RTM Companies are not entitled to acquire the right to manage the communal areas of estates which are shared with others.
Mark said:
“The decision brings some welcome clarity to this complex piece of legislation. But the result will plainly be a disappointment to leaseholders by cutting down the areas which can be covered by the right to manage. It reinforces the need for the legislation to be updated in line with the Law Commission’s proposals on the right to manage in its 2020 Consultation paper.”
An analysis of the case will follow.
Marc Glover has been instructed as Prince Hussam's lead counsel in the dispute since 2023, having taken over from John Wardell KC (Wilberforce). Peter Arden KC (Erskine Chambers) and Geraint Jones KC (3 Paper Buildings), were engaged with Marc in the Petition hearing, along with Tanfield’s Hugh Rowan. Marc and Hugh were assisted Sami Allan, Pupil Barrister at Tanfield Chambers. Stephen Moverly-Smith KC (XXIV) and Adam Baradon KC (Blackstone) acted on behalf of MTC.
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