‘After a wait of more than a year from the introduction of class actions in the UK, there were two class certification hearings before the UK’s Competition Appeal Tribunal (CAT) in just over a month. Although in each case the CAT has yet to hand down its certification decision, the hearings have given some clear signals about how the CAT sees the regime.’
Law Society’s Gazette, 6th March 2017
Source: www.lawgazette.co.uk
‘Sharia councils say they offer Muslim women a way out of religious marriage but critics argue this parallel legal system can leave vulnerable people trapped in abuse. Here is a rare look behind the scenes.’
The Guardian, 1st March 2017
Source: www.guardian.co.uk
‘Towards the end of last year, the Upper Tribunal (“UT”) handed down decisions in two cases involving estoppel by convention:
Admiralty Park Management Ltd v Ojo [2016] UKUT 0421 (LC) 8 September 2016 (“Ojo”); and
Bucklitsch and anor v Merchant Exchange Management Company Limited [2016] UKUT 0527 (LC) 13 December 2016 (“Bucklitsch”).’
Hardwicke Chambers, 18th January 2017
Source: www.hardwicke.co.uk
‘The first signs of an online court (OC) will be visible in tribunals by September, online processes will be extended to a wide range of civil court proceedings by May 2020, and the reforms will be incremental, according to one of the judges in charge.’
Legal Futures, 22nd February 2017
Source: www.legalfutures.co.uk
‘The Upper Tribunal (Lands Chamber) has given guidance on the approach to be followed by the First-tier Tribunal (Property Chamber) when considering whether there is an estoppel by convention which prevents a leaseholder from denying the payability of a service charge which has not been demanded in accordance with the terms of the lease.’
Arden Chambers, 16th February 2017
Source: www.ardenchambers.com
‘The Court of Appeal has held that whether service charge costs are reasonably incurred, for the purposes of Landlord and Tenant Act 1985, s.19, is to be determined by reference to an objective standard of reasonableness rather than applying public law principles of rationality. A tribunal should not, however, impose its own decision where a landlord has adopted a course of action which led to a reasonable outcome, even if there was a cheaper outcome which was also reasonable.’
Arden Chambers, 2nd February 2017
Source: www.ardenchambers.com
‘Ian Brady, the Moors murderer, is launching a “totally unique” High Court fight for the right to have the lawyer of his choice representing him at a tribunal.’
Daily Telegraph, 14th February 2017
Source: www.telegraph.co.uk
‘An interesting question. To what extent, if at all, can leaseholders’ service charges be set at a level to ‘subsidise’ a shortfall as against actual maintenance costs in service charges recoverable from social tenants in flats provided under a section 106 agreement.’
Nearly Legal, 12th February 2017
Source: www.nearlylegal.co.uk
‘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
© Inner Temple Library 2024