‘… 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
‘Solicitors costs of and incidental to the preparation of a counter notice were recoverable under s. 60 LRHUDA 1993. There ought to be some reduction in costs where a landlord was dealing with multiple claims involving the same building.’
Tanfield Chambers, 1st November 2016
Source: www.tanfieldchambers.co.uk
‘In a decision which post-dated Sloane Stanley v Mundy, the Upper Tribunal, arrived at relativity by making a deduction from the Gerald Eve graph on the basis that the graph “might overstate relativities” and accepted, on the material before it, that there was a “slight differential between properties in PCL and properties just outside it”.’
Tanfield Chambers, 1st November 2016
Source: www.tanfieldchambers.co.uk
‘The Competition Appeal Tribunal will today begin hearing a training provider’s claim that the Law Society acted anti-competitively by requiring law firms to buy its own training in order to maintain their Conveyancing Quality Scheme (CQS) accreditation.’
Legal Futures, 8th November 2016
Source: www.legalfutures.co.uk
‘A High Court judge has made it clear that the court is not required to go along with parties who agree to dispense with costs management.’
Litigation Futures, 7th November 2016
Source: www.litigationfutures.com
‘he lawyer who sent a series of tweets gloating at a tribunal victory over parents who were trying to get specialist support for an autistic child has been given an official rebuke by the Solicitors’ Regulation Authority.’
The Guardian, 2nd November 2016
Source: www.guardian.co.uk
‘Online dispute resolution “will become the norm for much of the less complex work in civil, family and tribunals jurisdictions”, the Senior President of Tribunals said over the weekend.’
Legal Futures, 17th October 2016
Source: www.legalfutures.co.uk
‘British security agencies have secretly and unlawfully collected massive volumes of confidential personal data, including financial information, on citizens for more than a decade, senior judges have ruled.’
The Guardian, 17th October 2016
Source: www.guardian.co.uk
‘The court reform process will lead to staff cuts and fewer court buildings, the former Senior Presiding Judge has said, but it is not a cost-cutting exercise and the end result should be higher-grade staff and an improved court estate.’
Litigation Futures, 26th September 2016
Source: www.litigationfutures.com
‘Our justice system is the envy of the world. We have an outstanding independent judiciary that is widely admired as an international leader. Our lawyers have a global – and deserved – reputation for excellence. And we have a legal services industry that contributes billions of pounds every year to the UK economy.’
Courts and Tribunals Judiciary, 15th September 2016
Source: www.judiciary.gov.uk
‘A new ruling by the information rights tribunal suggests that businesses in the UK should be prepared to make multiple notifications to the Information Commissioner’s Office (ICO) in the event of a data breach under new EU data protection laws, an expert has said.’
OUT-LAW.com, 12th September 2016
Source: www.out-law.com
‘Credit card group MasterCard is being sued for £14bn, the largest legal claim in British history, in a landmark lawsuit over allegations that it overcharged 46m UK consumers.’
The Guardian, 8th September 2016
Source: www.guardian.co.uk
‘Rule 13(1) of the Tribunal Procedure (First-tier Tribunal)(Property Chamber) Rules 2013 (SI 2013/1169) provides that the Property Chamber of the First Tier Tribunal (FTT) may order costs(other than fees) in several limited circumstances. Of most interest to landlords, managing agents and others involved in FTT cases is r 13(1)(b), which provides for costs orders (in agricultural land and drainage, residential property or leasehold cases) “if a person has acted unreasonably in bringing, defending, or conducting proceedings”.’
Hardwicke Chambers, 5th August 2016
Source: www.hardwicke.co.uk
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