Cawthorne & Ors v Hamdan, Court of Appeal - Lands Tribunal, May 21, 2008, [2008] EWLands LRA_22_2003

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Cawthorne & Ors v Hamdan, Court of Appeal - Lands Tribunal, May 21, 2008, [2008] EWLands LRA_22_2003

LRA/22/2003 LANDS TRIBUNAL ACT 1949 LEASHOLD ENFRANCHISEMENT ­ collective enfranchisement ­ price payable ­ parties' valuers preparing a statement of agreed facts which contained incorrect information ­ correct information particularly within the Respondent's knowledge ­ whether Appellants bound by what was agreed in the statement ­ price payable amended on appeal to reflect correct information. IN THE MATTER OF AN APPEAL FROM A DECISION OF THE LEASEHOLD VALUATION TRIBUNAL FOR THE SOUTHERN RENT ASSESSMENT PANEL BETWEEN (1) BETTY AUDREY CAWTHORNE Appellants (2) SIMON JAMES MAURICE (3) NICOLA ANN MAURICE (4) GUITY SAADAT (5) M & P PROPERTIES LIMITED and MICHA'AL HAMDAN Respondent Re: 6 Palmeira Square Hove East Sussex Before: His Honour Judge Huskinson A J Trott FRICS Sitting at: Procession House, 110 New Bridge Street, London EC4V 6JL on 1 May 2008 Stan Gallagher instructed by Osler Donegan Taylor on behalf of the Appellants. The Respondent appeared in person. © CROWN COPYRIGHT 2008 Case referred to in this decision: Robin Ellis Limited v Malwright Limited (TCC) (1 February 1999 ­ unreported FURTHER DECISION Introduction

1. The background to this appeal is already recorded in the earlier decision of the Lands Tribunal dated 6 March 2006. We do not repeat the introductory matters there set out but we refer in particular to the first four paragraphs of that decision. In summary the matter raised by the Appellants was that the valuation of the leasehold valuation tribunal for the Southern Rent Assessment Panel ("the LVT") in its decision dated 22 July 2002 was incorrect in that, in assessing the price to be paid for the collective enfranchise...

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