Tina Theresa Shiebert

Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision

The SRA alleged that the Respondent sent a letter on 24 September 2021 that was apt to mislead leaseholders of Flat 4 as to their rights over land (a paddock) so as to induce them to enter a deed of variation forfeiting those rights, in breach of Principles 2, 4, 5 and paragraph 1.4 of the Code. At the close of the Applicant's case, the Tribunal upheld the Respondent's submission of no case to answer, finding the allegation fatally flawed and misconceived because there were no enforceable rights over the paddock about which the leaseholders could have been misled. The allegation was dismissed and the alleged breaches were not considered. The Tribunal found good reason to depart from the Baxendale-Walker starting point because the prosecution was unreasonable, and awarded the Respondent costs of £159,242 (reduced from the £171,654 claimed).