ALEP's unprecedented involvement in Supreme Court case
By Law News
ALEP intervenes in A1 Properties v Tudor Studios RTM, a pivotal case with broader implications for property rights
The Association of Leasehold Enfranchisement Practitioners (ALEP) has taken a ground-breaking step by intervening in the Supreme Court case of A1 Properties (Sunderland) Ltd v Tudor Studios RTM Company Ltd. This marks only the second instance where the Supreme Court has allowed a "leapfrog appeal" from the Upper Tribunal (Lands Chamber).
Bishop & Sewell LLP is representing ALEP in this case, which is expected to have far-reaching consequences beyond the realm of property rights and the 'right to manage.' ALEP's intervention aims to contribute to the development of case law in this area, with legal counsel Philip Rainey KC and Mark Loveday of Tanfield Chambers providing pro bono representation.
ALEP maintains an apolitical and neutral stance, presenting a range of authority and arguments to assist the court without bias. The case's core issue revolves around whether failing to serve a claim notice on an intermediate landlord with no management responsibilities, as per section 79(6)(a) of the Commonhold and Leasehold Reform Act 2002, would invalidate a right to manage claim. The broader question of determining the consequences of procedural non-compliance in statutes related to property and similar rights, where the law is silent on such matters, adds a layer of general importance to the judgment.
Philip Rainey KC and Mark Loveday are representing ALEP on a pro bono basis, instructed by Bishop & Sewell LLP, also providing their services pro bono.
Mark Chick, commenting on ALEP's intervention, noted the rarity of such involvement for the organization. He emphasized ALEP's political neutrality and the intention to aid the court by presenting options for the potential development of the law in this area. The case is poised to shape crucial principles governing property rights, making ALEP's intervention a milestone in legal proceedings.