‘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
‘… they do, however, faithfully and diligently discharge their office and can be, of course, in an employment relationship.’
Cloisters, 31st October 2016
Source: www.cloisters.com
‘The Ministry of Justice has refused to comment ahead of a potentially embarrassing case in which serving judges will sue the lord chancellor over their pension arrangements.’
Law Society’s Gazette, 10th November 2016
Source: www.lawgazette.co.uk
‘The Upper Tribunal (Lands Chamber) has held that an indemnity given in a lease can be viewed as a promise by the tenant to protect the landlord from the landlord’s liability to a third party. For the tenant to be liable, the tenant’s breach must be the reason for the landlord’s liability to the third party. In this case, the indemnity was not drafted widely enough to render the tenant responsible for the administrative and legal costs incurred by the landlord once the ground rent had been tendered (even though it was tendered late).’
Tanfield Chambers, 10th October 2016
Source: www.tanfieldchambers.co.uk
‘In Nemcova v Fairfield Rents Ltd [2016] UKUT 303 (LC), in what has become known as ‘the Airbnb ruling’, the Upper Tribunal gave guidance on the circumstances in which short-term lets might amount to a breach of covenant prohibiting the use of a property for anything other than ‘a private residence’. In this article, Jamal Demachkie (who acted for the successful landlord at first instance and on appeal) provides his analysis of this important decision.’
Hardwicke Chambers, 12th October 2016
Source: www.hardwicke.co.uk
‘The Upper Tribunal upheld the FTT’s determination that the lessee had breached a covenant in her lease not to use her flat other than as a private residence by granting a series of short-term lettings of the property. The fact that the lessee had granted the lettings meant that her occupation of the flat was so transient and not sufficiently permanent that she would not consider the property her private residence.’
Tanfield Chambers, 10th October 2016
Source: www.tanfieldchambers.co.uk
‘A failure to comply with the Service Charge (Consultation Requirements) (England) Regulations 2003 (“the Regulations”) could be relevant to the reasonableness of the amount of service charge to be paid under section 19(2) of the Landlord and Tenant Act 1985. However, it is simply one factor to be considered. In the instant case, the non-compliance comprised including within the estimate the estimated cost of works not within the proposed works; the amount demanded would be reduced by excluding that ‘extra’ work.’
Tanfield Chambers, 10th October 2016
Source: www.tanfieldchambers.co.uk
‘Anthony Korn highlights some lessons from the much publicised and controversial tribunal ruling in Aslam and Farrar v Uber BV, Uber London Ltd and Uber Britannia Ltd (case Nos 2202551/2015).’
No. 5 Chambers, 31st October 2016
Source: www.no5.com
© Inner Temple Library 2025