‘There have been plenty of Upper Tribunal decisions on RTM (we covered the UT decision in this case with six others back in December 2013 – our note here, where your correspondent would like it noted that he suggested that there was “plenty for the Court of Appeal to tuck into”), but there has only been one previous excursion into this area by the Court of Appeal. That case, Gala Unity Ltd v Ariadne Road RTM Co Ltd [ 2012 ]] EWCA Civ 1372 (our note), is quite the predecessor to Ninety Broomfield Road in that both cases concerned more than one block of flats seeking to exercise the right to manage together. And quite the oddity, too. The Court of Appeal in Ninety Broomfield Road has restored some sense to the application of RTM in multiple block cases. It is also plainly right (a seal of approval that will doubtless cheer the hearts of the Court of Appeal judges involved).’
Nearly Legal, 29th October 2015
Source: www.nearlylegal.co.uk
