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13 January 2017
Issue: 7729 / Categories: Case law , Law digest , In Court
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Landlord & tenant

Kateb v Howard de Walden Estates Ltd and another [2016] EWCA Civ 1176, [2016] All ER (D) 42 (Dec)

 

The Court of Appeal held that the proper construction of para 7 of Sch 11 to the Leasehold Reform Housing and Urban Development Act 1993 was to give “other” landlords, as defined under the Act, a right to be represented and heard in tribunal proceedings, but nothing more. Consequently, the court dismissed the claimant intermediate landlord’s appeal, and upheld the finding of the First-tier Tribunal (Property Chamber) that an agreement between the competent landlord and the tenant was binding upon the claimant, notwithstanding the fact that she had exercised her right to be separately represented.

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MOVERS & SHAKERS

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

Flint Bishop—six appointments

Flint Bishop—six appointments

Flint Bishop accelerates Northern growth through strategic senior appointments

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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