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08 April 2020 / Stephen Gold
Issue: 7882 / Categories: Features , Procedure & practice , Civil way
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Civil way: 10 & 17 April 2020

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Service charge corner; In stock, not on sale; Bereavement damages remembered; It’s good to know

Service charge corner

When a district judge awakes in their bed and remembers they have a string of service charge disputes in their small claims list that day, they have a strong inclination to resume slumber. Magistrates’ courts’ hacks will react similarly while reflecting on the day’s contested ‘due care’ against the AA backed client who has photographs and plans. The avoidance device in the county court is a transfer to the first-tier tribunal (FTT) under s 176A of the Commonhold and Leasehold Reform Act 2002 which can work wonders where service charge reasonableness and payability have to determined.

Alas, the transfer order may be woolly. Is it the whole shooting match or just insurance premiums and what about the counterclaim? As was stated in Cain v London Borough of Islington [2015] UKUT 117, it is inappropriate for the First-tier Tribunal (FTT) to be too pedantic when

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A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
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Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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