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13 October 2011 / James Naylor
Issue: 7485 / Categories: Features , Landlord&tenant , Property
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Out of line

James Naylor reports on why jurisdiction trumps good intentions in Leasehold Valuation Tribunals

What fetters are placed upon the LVT’s jurisdiction when the court transfers a discrete issue to it? Can it go beyond the transferred issue and determine other issues in dispute?  These were the questions before the Upper Tribunal in John Lennon v Ground Rents (Regisport) Limited [2011] UKUT 330 (LC).

The matter started life as a standard service charge insurance premium dispute in the Lambeth County Court. At trial, the District Judge transferred proceedings: “To the Leasehold Valuation Tribunal…for determination of the reasonableness of [the] sum charged for insurance.” The LVT proceedings reached dénouement with a finding on the tasked insurance premium issue. However, the LVT didn’t stop there: in fact, it went on to decide other issues over and above the question of reasonableness of insurance charges. This was no accident or mistake. As the judgment makes clear, it was a calculated decision: “It is noted that the Order states that the transfer was ‘for determination of the reasonableness

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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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