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17 April 2014 / Alexander Bastin
Issue: 7603 / Categories: Features , Landlord&tenant , Property
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The Benson paradigm

Alexander Bastin assesses the impact of Daejan Investments v Benson...a year on

The legislation governing the recovery of expenditure on residential leasehold property is a minefield for landlords and management companies. Until the Supreme Court’s decision in Daejan Investments Ltd v Benson [2013] UKSC 14, [2013] 2 All ER 375 one wrong step tip-toeing through the statutory consultation requirements for major works could preclude recovery of vast sums of money genuinely spent and in the absence of any proven loss to lessees. Benson is a paradigm of:

  1. how difficult the business of judging can be;
  2. how a party’s determination might, eventually, overturn judicial opposition; and
  3. judicial activism.

Daejan lost in the Leasehold Valuation Tribunal (LVT) (three members), lost in the Upper Tribunal (two members), lost in the Court of Appeal (three judges) and only managed a bare majority (3:2) in the Supreme Court. Of the 13 judges who considered the matter, only the correct three (at least so far as Daejan were concerned) found for the landlord and, in doing so, overturned an approach to dispensation applications weighted against landlords and applied

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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