“…he building with a distinct function.” This, too, is a functional test. A similar test was applied by Mann J in Westbrook Dolphin Square Ltd v Friends Life Ltd [2014] EWHC 2433 (Ch), [2014] L & TR 28 at [284].…”
“…Mr Trompeter helpfully referred us in this context to the decision of Mann J in Westbrook Dolphin Square Ltd v Friends Life Ltd (No2) [2014] EWHC 2433 (Ch), [2015] 1 WLR 1713, where the defendant was the freeholder of a large complex of 1,229 flats, most of which were let to occupational tenants, and in order to f…”