Tina Theresa Shiebert

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

The SRA alleged that Ms Shiebert sent a letter dated 24 September 2021 to leaseholders of Flat 4 which was apt to mislead them as to their rights over land (a paddock) and to induce them into a deed of variation forfeiting those rights, breaching Principles 2, 4 and 5 and paragraph 1.4 of the Code. At the close of the Applicant's case, the Tribunal upheld a no case to answer submission under the first limb of Galbraith, 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 Tribunal also found the letter disclosed the lease defect, enclosed the relevant plans, and advised recipients to seek independent legal advice, inconsistent with an intention to mislead. The allegation was dismissed and breaches not considered. The Tribunal found good reason to depart from the Baxendale-Walker starting point, holding the prosecution unreasonable, and awarded the Respondent costs of £159,242 (reduced from £171,654 claimed).