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05 May 2017 / Winston Jacob
Issue: 7744 / Categories: Features , Law digest , In Court
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Tenants seeking to exercise the right to manage will welcome the Court of Appeal’s recent decision on procedural non-compliance, says Winston Jacob

  • The primary objective of the right to manage legislation is to enable an RTM company, simply and cheaply, to acquire the right to manage, and to avoid both duplication of effort and administrative untidiness once it has been acquired.
  • Where an RTM company has failed to comply with the statutory notice requirements, the court’s focus must be on whether Parliament intended that a landlord (or other person entitled to serve a counter-notice) could successfully contend that the defect in the relevant notice was fatal to its validity.
  • A failure by an RTM company to comply precisely with the requirements for a notice of intention to participate does not automatically invalidate all subsequent steps.

Many statutes lay down a procedure for the exercise or acquisition by a person or body of some right conferred by the statute without specifying the consequences of a failure to comply with the procedure. In such cases,

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Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
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Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
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