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30 May 2013
Issue: 7562 / Categories: Features , Civil way , Procedure & practice
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Civil way: 31 May 2013

Big matches in tenancy litigation, the guest list from hell & beware the client

TENANCY DIVISION

The season started with Daejan Investments Ltd v Benson [2013] UKSC 14, [2013] All ER (D) 48 (Mar) (see “The long game"). A landlord’s failure to comply with the service charge consultation requirements of s 20 of the Landlord and Tenant Act 1985 (LTA 1985) and subordinate legislation, however serious, would not justify refusal of dispensation from the requirements when the landlord applied for it to a leasehold valuation tribunal so long as there was no relevant prejudice to the tenant or the tenant could be compensated for it by dispensation conditions. Landlords congregate on the victory bus.

Then along came Phillips v Francis [2012] EWHC 3650 (Ch) (see “Difficult facts making bad law”) where there may be a replay. For the purpose of ascertaining whether “qualifying works” reached the threshold to trigger the LTA 1985, s 20 consultation requirements, the landlord now needed to aggregate all the “qualifying works” in any

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MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
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The High Court has upheld a rare successful serious-irregularity challenge after an arbitrator relied on an implied term neither party had advanced
Thirty years after The Future of Law shook a profession still using fax machines, its central forecast looks increasingly less like prophecy and more like description
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
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