For anyone litigating claims in the FTT, the recent decision of the Upper Tribunal in the appeal of Monier Road Limited v Alexander Blomfield and Other Leaseholders [2025] UKUT 157 (LC) is required reading. It clearly sets out the limits on the FTT’s power to raise new points during proceedings and confirms that FTT proceedings in England and Wales are adversarial, and not inquisitorial.
In this article, Ben Smith, with contributions from Oliver Weisemann and Millie Nash, examines the judgment and discusses the key legal implications for those operating in the construction and property sectors.