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England and Wales decisions
Decisions matching the current search
The High Court held that service on the defendant in Spain was valid, or alternatively retrospectively validated as good service under CPR 6.15(2).
The Council failed to comply with the Tribunal's substituted decision notice within the required deadline, constituting contempt of court were the Tribunal a court with power to commit. However, the contempt was committed negligently, not wilfully, and the substituted decision notice was ultimately complied with, albeit late. In all the circumstances, certification of contempt to the Upper Tribunal would be disproportionate, so the Tribunal declines to exercise its discretion under section 61(4) FOIA.
Source excerpt
Termhouse (Clarendon Court) Management Ltd v Al-Balhaa [2021] EWCA Civ 1881 (10 December 2021)
The Court of Appeal held that a First-tier Tribunal service-charge determination under section 27A was declaratory and could not be enforced in the County Court.
The Court of Appeal held that an FTT service-charge decision under section 27A was declaratory and could not be enforced in the County Court.
The Court of Appeal refused permission to appeal in a housing benefit enforcement dispute, holding the County Court could enforce where recoverability had not been pursued before the tribunal.
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