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News.....Press.....Archive Bluestorm Press Release, February 2004 Important legal victory ends a decade of Court litigation for Embassy Court tenants. ............................................ Conran's
Love Affair down by the sea Sir Terence fell for it at first sight - and when the object of his affection began to lose its looks, his passion was rekindled. ............................................ The once grand town has bounced back after a dismal twentieth century. But will its reconstruction capture its true spirit? ............................................ Making
the Grade: The Isokon Flats This 1930s' block of flats in north London by Wells Coates once promised a brave new way of living. ..................................................... Brighton
Rocks It's the grande dame of seaside resorts, a place synonymous with the dirty weekend, bank holidays and pleasure palaces. Julie Burchill on a town that's always up for it. .......................................... EYESORE OR ICON? "Many in Brighton are sick of the eyesore that is Embassy Court and wish it could be pulled down. Fortunately there is an active and growing band of people who are working hard to change that attitude and restore the Grade II* listed Embassy Court to its rightful place as one of Brighton's (and Britain's) architectural jewels" (from
The Local Voice www.brunswicknet.org) "What we need people to do now is begin to look at the building itself and not just at the decay. This is the city's most important 20th century building and it needs to be cherished" Emma
Jinks, Bluestorm "It should be recognised that Embassy Court is as important to the city as the Royal Pavillion, with which it forms part of Brighton's bold legacy" Rowena Easton, Embassy Court .............................................................. Press Release, Bluestorm Ltd., February 2004 Friday February 13th was an exceptional day for Bluestorm Ltd, freeholder of Embassy Court. It saw the conclusion of 10 years of legal battle with the previous freeholder, Mr Marcel of Portvale Holdings Ltd (PHL), when his appeal, against the judgement given in March '03, was lost. The Court of Appeal found in favour of Bluestorm, a company founded by owner-occupiers. PHL were found to have no entitlement to damages for disrepair, having significantly contributed towards the disrepair, and were ordered to pay all Bluestorm's costs + interest. Neither Mr Marcel, nor his Barrister, Romie Tager QC were present when judgement was given at the Royal Courts of Justice. It was also a day for the legal history books in the case of Bluestorm - v - Portvale. The problems at Embassy Court have highlighted how, when commercial property interests are at odds with those of the individual homeowner, all too often it is the individual who suffers. The established law failed to recognise that ordinary leaseholders - who enfranchise to take the freehold and manage their own blocks - simply do not have the same financial resources as commercial freehold companies when leaseholders refuse to pay. This judgement strikes a significant blow for justice, as more and more owner-occupiers take control of their freehold through the new powers extended to leaseholders under the Commonhold & Leasehold Reform Act 2002. Where the merits of a case are on the side of the Landlord - faced with recalcitrant tenants refusing to pay their share of the service charges - this judgement has opened the door for him to successfully sue for service charge arrears and defend claims for damages for disrepair. The Court of Appeal saw the justice of Bluestorm's case and jumped through a lot of legal hoops to find in their favour - creating a whole new form of equitable set off and making significant chinks in the established law set up by the 1985 case of Yorkbrook -v- Batten. It was held that PHL remained liable for service charges, since they could not be set off against any loss that may have been suffered through the Bluestorm's failure to repair - because it was PHL's failure to pay the charges that had caused the inability to repair. PHL relied heavily in their Appeal on the Yorkbrook case. This case had established that the obligation to repair is independent from the obligation to pay service charges. Whilst it was not necessary for the Court of Appeal to decide this point, both Buxton LJ and Sir Martin Nourse gave obiter dicta to the effect that Yorkbrook could be distinguished. Rowena Easton, Director of Bluestorm, says, 'Bluestorm can now look forward to restoring this architectural icon, free from the chains of litigation. We owe a great deal to the hard work put in by our solicitor, Belinda Walkinshaw of Pickworths Solicitors, and the brilliant advocacy of our barrister, Mr Jonathan Small. We are so pleased our victory will allow other leaseholder-turned-freeholder groups, who find themselves effectively hobbled by hostile commercial landlords, to find justice through the courts.' CONTACT BLUESTORM - 01273 220 880
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