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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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MOVERS & SHAKERS

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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