Phillips v Francis Update 4 - Leave to Appeal Granted

I am pleased to report that on the 18th November the Court of Appeal granted leave for the landlord to appeal the much discussed outcome in Phillips v Francis (see blogs passim). This was granted despite the appeal being out of time. One can only surmise that the general discomfort surrounding this decision and representations in support of the application from industry professional and trade bodies was sufficient for the judge to allow it nonetheless.

I remain hopeful that this signifies that a more considered and practical outcome might be achieved, albeit this may be some time distant yet. A date will be set next year and in the meanwhile we need to be mindful that the judgment remains in force despite my continued belief that actual implementation is nigh impossible.

I would be interested to hear from those who have had real
difficulties arising from the Phillips case to date.