News & Publications: Ranjeet Johal

One set of Civil Procedure Rules to rule them all

May 7th, 2018

The Supreme Court, in Barton v Wright Hassall [2018] UKSC 12, confirmed that, as a matter of basic fairness, the Civil Procedure Rules (‘CPR’) apply equally to both represented parties and litigants in person. The case concerned a claim brought by Mr Barton against his former solicitors for allegedly negligently representing him in ancillary relief […]

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How long is too long: Part 2

May 6th, 2018

The decision in Sargeant v Sargeant [2018] EHC 8 (Ch) provides an interesting insight into bringing a claim out of time under the Inheritance (Provisions for Family and Dependents) Act 1975 (‘the Act’). A claim under the Act must be brought within six months from the date on which the grant of representation is taken […]

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Service charges – repairs v improvements

April 2nd, 2018

Where lessees are obliged to pay service charges under the terms of their lease, they are afforded protection by section 19 of the Landlord and Tenant Act 1985 (‘the Act’), which provides that costs shall only be take into account in determining the service charge payable for a period where they are “reasonably incurred” and […]

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Losing your right to a new lease

March 5th, 2018

Leaseholders who have owned residential flats for more than two years are entitled to ask the landlord to extend their existing lease by a period of 90 years in return for the payment of a premium, provided certain exclusions do not apply. A leaseholder’s entitlement comes from Chapter II of the Leaseholder Reform, Housing and […]

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How long is too long: Part 1

February 12th, 2018

The Limitation Act 1980 (‘the Act’) sets out the period of time within which a person must bring a claim. The basic rule, enshrined in the Act, is that claims founded in tort (except for personal injury claims) and claims founded in simple contract must be commenced within six years of the date on which […]

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No change to the status quo

January 31st, 2018

The Court of Appeal, in the case of Mundy v Trustees of the Sloane Stanley Estate [2018] EWCA Civ 35, delivered a much anticipated judgment on 24 January 2018 in respect of the method of valuing the premium payable by leaseholders for a lease extension pursuant to the Leasehold Reform, Housing and Urban Development Act […]

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Tough times for landlords

September 25th, 2017

Landlords have come under increasing pressure, and this pressure has been ramping up over the last few months with no end in sight. These truly has been a couple of years to forget for landlords and in this article, we consider some of the burdens being placed on landlords and the possible effects of these. […]

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New Pre-Action Protocol for Debt Claims

September 24th, 2017

On 1 October 2017, the Pre-Action Protocol for Debt Claims (‘the Protocol’) comes into force. The Protocol has the potential to have a large impact on businesses when it comes to recovering debts and will substantially increase the administrative steps and costs a business will have to go through when recovering debts from individuals. What […]

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The recovery of costs in small claims cases

April 21st, 2017

CPR rule 27.14 deals with the recovery of costs on the small claims track. The starting point is that the court may not make an order for costs, except for fixed costs and court fees, unless the opposing party has behaved unreasonably. The question of what constitutes unreasonableness, therefore, arises fairly often in small claims […]

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What is unreasonableness and how can I recover costs in the Tribunal

November 4th, 2016

A commentary on Willow Court Management Company (1985) Limited v Alexander [2016] UKUT 0290 (LC) and the recovery of costs in the First-tier Tribunal (Property Chamber) The power of a Tribunal to award costs is governed by the Tribunals, Courts and Enforcement Act 2007 (‘the Act’), which provides at section 29 that the costs of […]

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