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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

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis is delighted to announce the launch of the LexisNexis Legal Awards 2027, celebrating outstanding achievement, innovation and impact across the legal profession
The Legal Services Board (LSB) is to take further enforcement action against the Solicitors Regulation Authority (SRA), setting additional performance targets and ‘intensifying’ its oversight, it has said
Regulators missed several opportunities to intervene in PM Law Group before it collapsed, an independent review by City firm Jenner & Block has found
An employer’s vicarious liability for the alleged torts of an employee cannot be transferred by TUPE, the Court of Appeal has confirmed
Tiered fees of up to £1,500 for Legal Ombudsman (LeO) cases could leave firms with little option but to pay out, lawyers have warned
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