“…eal that does not preclude the respondent from objecting on the ground that it is a new point: Mullarkey v Broad [2009] EWCA Civ 2 at [29]; Brent LBC v Johnson [2022] EWCA Civ 28 at [37]; Gill v Lees News Ltd [2023] EWCA Civ 1178 at [63]. HHJ Lethem was thus fully entitled to consider the objection.…”
“…(See too Brent LBC v Johnson [2022] EWCA Civ 28, [2022] 1 WLUK 139 where this reasoning was quoted with approval, and similar difficulties with the proposed reformulation of status on appeal were identified …”
“…sion to appeal has been given does not preclude the tenant from objecting to its being raised: Mullarkey v Broad [2009] EWCA Civ 2 at [29]; Brent LBC v Johnson [2022] EWCA Civ 28 at [37]. The skeleton argument did not seek to show that Richards J misapplied the principles in Singh v Dass or that he was wrong in refusing to permit the po…”