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14 October 2016 / Joseph Ollech , Philip Sissons
Issue: 7718 / Categories: Features , Property
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Money back guarantee? (Pt 1)

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In a special two-part series, Philip Sissons & Joseph Ollech study costs recovery in long residential lease disputes

  • The scope of the FTT’s jurisdiction to award costs under the 2013 rules which govern its procedure.
  • An important recent decision of the Upper Tribunal clarifying the scope of that jursidiction.
  • Alternative, contractual, routes to cost recovery where recent case-law has clarified the extent to which a landlord might be able to recoup legal costs either directly from the tenant involved in the dispute or via the service charge.

Long residential leases are a fertile source of litigation. Aside from enfranchisement, disputes frequently arise regarding service charges and other breaches of lease covenants and a very large proportion of these disputes are litigated wholly in the First-Tier Tribunal (Property Chamber) (FTT).

These cases often involve relatively small sums of money or relatively trivial breaches of covenant. However (not least because of the complexity of the statutory regulation of service charges) the legal costs incurred in the proceedings are frequently significant and often disproportionate

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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