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14 November 2019 / Alec Samuels
Issue: 7864 / Categories: Features , Profession , Property
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Are you being served?

Alec Samuels discusses challenging service charges
  • Metropolitan Property Realisations v John Keith Moss: applying principles of common sense to service charge disputes.

High street solicitors who do any property work constantly get queries from clients about service charges for leaseholds, while there is quite a substantial cadre of solicitor and barrister lawyers doing these cases in the Property Tribunal. A landmark decision has been made in Metropolitan Property Realisations v John Keith Moss, CHI/29 UN/LIS/2018/0039, 7 June 2019: it neatly sets out all the normal questions and how the tribunal is approaching them, and forms the basis of this summary.

Limitation of service charges: reasonableness

(1) Relevant costs shall be taken into account in determining the account of a service charge payable for a period:

(a) only to the extent that they are reasonably incurred; and

(b) where they are incurred on the provision of services or the carrying out of works, only if the services or works are of a reasonable standard, and the amount payable

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MOVERS & SHAKERS

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

International arbitration team strengthened by double partner hire

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Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Firm celebrates trio holding senior regional law society and junior lawyers division roles

Michelman Robinson—Sukhi Kaler

Michelman Robinson—Sukhi Kaler

Partner joins commercial and business litigation team in London

NEWS
The Legal Action Group (LAG)—the UK charity dedicated to advancing access to justice—has unveiled its calendar of training courses, seminars and conferences designed to support lawyers, advisers and other legal professionals in tackling key areas of public interest law
The Police and Criminal Evidence Act 1984 transformed criminal justice. Writing in NLJ this week, Ed Cape of UWE and Matthew Hardcastle and Sandra Paul of Kingsley Napley trace its ‘seismic impact’
Operational resilience is no longer optional. Writing in NLJ this week, Emma Radmore and Michael Lewis of Womble Bond Dickinson explain how UK regulators expect firms to identify ‘important business services’ that could cause ‘intolerable levels of harm’ if disrupted
As the drip-feed of Epstein disclosures fuels ‘collateral damage’, the rush to cry misconduct in public office may be premature. Writing in NLJ this week, David Locke of Hill Dickinson warns that the offence is no catch-all for political embarrassment. It demands a ‘grave departure’ from proper standards, an ‘abuse of the public’s trust’ and conduct ‘sufficiently serious to warrant criminal punishment’
Employment law is shifting at the margins. In his latest Employment Law Brief for NLJ this week, Ian Smith of Norwich Law School examines a Court of Appeal ruling confirming that volunteers are not a special legal species and may qualify as ‘workers’
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