header-logo header-logo

Out of line

13 October 2011 / James Naylor
Issue: 7485 / Categories: Features , Landlord&tenant , Property
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
back-to-top-scroll