‘We saw the Upper Tribunal take a new approach to determining whether the costs of improvement works, passed on through the service charge, were reasonably incurred. The UT held that particular consideration should have been given to the views of the leaseholders, whether they could be done more cheaply and the financial circumstances of the leaseholders.’
Nearly Legal, 5th February 2017
Source: www.nearlylegal.co.uk
‘Lawyers are helping a child sex grooming gang avoid attempts to deport them by obstructing the courts and “weakening the rule of law”, Britain’s most senior immigration judge has warned.’
Daily Telegraph, 4th February 2017
Source: www.telegraph.co.uk
‘Investigatory powers tribunal finds there was no lawful basis for Cleveland police accessing records in leak inquiry.’
The Guardian, 31st January 2017
Source: www,guardian.co.uk
‘The issue in this Upper Tribunal case was whether LB Southwark was entitled charge the leaseholders for works to replace communal doors and front entrance doors carried out during fire safety improvement works on the estate (some 10 block of flats).’
Nearly Legal, 29th January 2017
Source: www.nearlylegal.co.uk
‘A dentistry lecturer who had sex in his office has been struck off the General Dental Council register.’
BBC News, 24th January 2017
Source: www.bbc.co.uk
‘President McCloskey has blasted the representatives for both claimants and the Home Office in his latest determination of Shabir Ahmed and others (sanctions for non – compliance) [2016] UKUT 00562 (IAC).’
Free Movement, 13th January 2017
Source: www.freemovement.org.uk
‘The vexed issues of costs in service charge disputes rumble on. Willow Court Management Company (1985) Ltd v Alexander [2016] UKUT 0290 (LC) (our note) set out guidance for how and when rule 13 costs awards will be engaged and awarded in the First Tier Tribunal (for unreasonable conduct). But in this case, the landlord had been awarded 20% of their costs under a Rue 13 decision, but then sought to recover the full costs under a contractual entitlement to costs of an enforcement action under the lease, and sort the FTT’s determination of those as a variable administration charge.’
Nearly Legal, 9th January 2017
Source: www.nearlylegal.co.uk
‘Government proposals to increase the diversity of the judiciary and improve career prospects could be counter-productive, the Law Society warned today.’
Law Society’s Gazette, 20th December 2016
Source: www.lawgazette.co.uk
‘A human rights lawyer who brought murder and torture claims against UK troops has admitted misconduct charges.’
BBC News, 8th December 2016
Source: www.bbc.co.uk
‘This was Leeds’ second appeal of a Valuation Tribunal decision on council tax liability. We covered the first High Court appeal here. Full disclosure, I acted for the intervener in this second appeal, the Residential Landlords Association, with Justin Bates (or as it turns out, Bate) as counsel.’
Nearly Legal, 8th December 2016
Source: www.nearlylegal.co.uk
‘Housing benefit is “a means tested benefit provided under section 130 of the Social Security Contributions and Benefits Act 1992 and subordinate regulations”. Its “purpose is to help claimants with their rental costs”. There is “a prescribed mechanism for determining in each case the appropriate maximum housing benefit”.’
Local Government Law, 5th December 2016
‘A tribunal has agreed to a property developer’s request to modify a restrictive covenant preventing the use of land for anything other than car parking, even though the developer had already built social housing on the land in breach of that covenant.’
OUt-LAW.com, 6th December 2016
Source: www.out-law.com
‘A landlord may rely on a contractual indemnity clause in a lease to claim as an administration charge the whole of the costs of service charge proceedings in the First Tier Tribunal (Property Chamber) even where it has already been awarded some of its costs under rule 13(1)(b) of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013, as Martin Rodger QC, Deputy President, has held in 87 St George’s Square Management Ltd v Whiteside [2016] UKUT 438 (LC).’
Hardwicke Chambers, 14th November 2016
Source: www.hardwicke.co.uk
‘Tamsin Cox & Julia Petrenko examine a useful authority for freeholders of residential buildings in relation to Airbnb.’
New Law Journal, 18th November 2016
Source: www.newlawjournal.co.uk
‘It is time to consider lowering the burden of proof used by the Solicitors Disciplinary Tribunal (SDT) from the criminal to the civil standard, Sir Brian Leveson, the president of the Queen’s Bench Division has said.’
Legal Futures, 11th November 2016
Source: www.legalfutures.co.uk
‘It is important that a council’s code of conduct complaints process remains confidential, the First-tier Tribunal has said in rejecting an appeal over the refusal of a freedom of information request.’
Local Government Lawyer, 16th November 2016
Source: www.localgovernmentlawyer.co.uk
‘FOIA remains a potent tool for enhancing transparency on issues of great public importance. Two recent decisions – concerning the Chilcot Inquiry and the post-prime ministerial activities of Tony Blair – are good current illustrations.’
Panopticon, 10th November 2016
Source: www.panopticonblog.com
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