Phillips v Francis appeal adjourned until October
The controversial decision in Phillips v Francis, which was due to be heard by the Court of Appeal on 14-15 May 2014, has been adjourned. It will now take place from 13-15 October 2014, following intervention by the Secretary of State for Communities & Local Government. It has been reported that solicitor Charles Knapper representing the chalet owners, had deliberately misled the court by not revealing the existence of key documents that could have affected the outcome of the case.
Phillips v Francis involved a dispute between the landlords and chalet owners of a holiday site in Cornwall. It related to service charges the landlords were seeking to recover under the terms of the leases. In January 2013 the High Court ruled that, without appropriate dispensation, all qualifying works in a building (or any other premises including a holiday park) are subject to consultation in advance if they will cost any leaseholder more than £250.
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