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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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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

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Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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