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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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MOVERS & SHAKERS

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

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When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
MPs cannot simply resign their Commons seats. Instead, they take a nominal Crown office, usually the Chiltern Hundreds or Manor of Northstead, which disqualifies them from sitting
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
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