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

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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
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Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
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