header-logo header-logo

08 April 2020 / Stephen Gold
Issue: 7882 / Categories: Features , Procedure & practice , Civil way
printer mail-detail

Civil way: 10 & 17 April 2020

Service charge corner; In stock, not on sale; Bereavement damages remembered; It’s good to know

Service charge corner

When a district judge awakes in their bed and remembers they have a string of service charge disputes in their small claims list that day, they have a strong inclination to resume slumber. Magistrates’ courts’ hacks will react similarly while reflecting on the day’s contested ‘due care’ against the AA backed client who has photographs and plans. The avoidance device in the county court is a transfer to the first-tier tribunal (FTT) under s 176A of the Commonhold and Leasehold Reform Act 2002 which can work wonders where service charge reasonableness and payability have to determined.

Alas, the transfer order may be woolly. Is it the whole shooting match or just insurance premiums and what about the counterclaim? As was stated in Cain v London Borough of Islington [2015] UKUT 117, it is inappropriate for the First-tier Tribunal (FTT) to be too pedantic when interpreting the transfer order, especially where it is couched in

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll