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Setting Aside Consent Orders
Summary
The First-tier Tribunal (Property Chamber) in the UK can set aside consent orders under the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013. Rule 39 allows setting aside decisions due to procedural errors or new evidence, while Rule 51 involves reviewing decisions, potentially leading to setting aside under specific circumstances. Your case, involving new evidence about time-barred service charge demands, might fall under these rules. Consulting a legal professional for detailed guidance is advisable.Full Conversation
Does the FTT have the right to set aside its own Consent Order?
The First-tier Tribunal (Property Chamber) in the UK can set aside its own Consent Order under certain circumstances. This might include situations where there has been a significant error, fraud, or if new evidence comes to light. It is best to consult the specific rules or seek legal advice for detailed guidance. Is there anything else you'd like to know?
Under what law?
The First-tier Tribunal (Property Chamber) operates under various regulations and laws, primarily governed by the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules *. Consent Orders can be set aside under specific provisions within these rules. For more detailed guidance, consulting a legal professional would be advisable.
Under what law or rule can the FTT set aside its consent orders?
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The First-tier Tribunal (Property Chamber) can set aside its consent orders under the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules *. Specifically, Rule * allows for the setting aside of decisions in certain circumstances, such as a procedural error or if new evidence emerges.
If you have any more questions, feel free to ask!
The First-tier Tribunal (Property Chamber) can set aside its consent orders under the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules *. Specifically, Rule * allows for the setting aside of decisions in certain circumstances, such as a procedural error or if new evidence emerges.
If you have any more questions, feel free to ask!
In my case, I went into a consent order after the judge refused my application for the management to to disclose contemporaneous information surrounding its service charge demands. I was unable to prove my case and was coerced into a consent order to avoid an adverse cost order. After the hearing, I submitted SARs on managing agents who spilt the beans that those demands (worth the best part of 40k) were not served until time-barred under statutory law). So my argument in good faith was right and I ended up settling under the Consent Order for most of the money not owed.
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It appears you might have a strong case due to the newly discovered evidence regarding the service charge demands. Would you like to be connected to local lawyers who can better assist you with your case? If so, could you share a bit more information about the issue?
It appears you might have a strong case due to the newly discovered evidence regarding the service charge demands. Would you like to be connected to local lawyers who can better assist you with your case? If so, could you share a bit more information about the issue?
At the moment, I just want to make enquires so I can get a better understanding.
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Your situation sounds potentially strong given the new evidence about the time-barred service charge demands. If you wish to pursue this further, connecting with a lawyer might be beneficial. However, since you’re currently just looking for information, feel free to ask any specific questions you have about the process or your rights.
Your situation sounds potentially strong given the new evidence about the time-barred service charge demands. If you wish to pursue this further, connecting with a lawyer might be beneficial. However, since you’re currently just looking for information, feel free to ask any specific questions you have about the process or your rights.
Do the tribunal rules specifically state that the FTT can set aside its own consent orders.
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The Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules * does allow for setting aside its own consent orders under specific circumstances. Rule * addresses situations like procedural errors or new evidence. Since you've discovered new evidence, this might apply to your case. If you have further questions, feel free to ask!
The Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules * does allow for setting aside its own consent orders under specific circumstances. Rule * addresses situations like procedural errors or new evidence. Since you've discovered new evidence, this might apply to your case. If you have further questions, feel free to ask!
What about Rule *?
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Rule * of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules * deals with the review of a decision, which might include setting aside a decision or consent order under specific circumstances like procedural errors or new evidence. For precise details, reviewing the rule or consulting a legal professional is advisable.
Rule * of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules * deals with the review of a decision, which might include setting aside a decision or consent order under specific circumstances like procedural errors or new evidence. For precise details, reviewing the rule or consulting a legal professional is advisable.
Would my case to set aside the consent order come under Rule * or Rule *?
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Based on the information provided, your case to set aside the consent order could potentially fall under either Rule * or Rule * of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules *. Rule * addresses procedural errors or new evidence, while Rule * covers the review of decisions, including setting aside orders under specific circumstances. Given the new evidence, Rule * might be more applicable, but consulting a legal professional for detailed guidance would be wise. Do you have any other questions or need further clarification on these rules?
Based on the information provided, your case to set aside the consent order could potentially fall under either Rule * or Rule * of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules *. Rule * addresses procedural errors or new evidence, while Rule * covers the review of decisions, including setting aside orders under specific circumstances. Given the new evidence, Rule * might be more applicable, but consulting a legal professional for detailed guidance would be wise. Do you have any other questions or need further clarification on these rules?
What is the difference between Rule * and Rule *?
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Rule * and Rule * under the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules * have different functions:
- Rule *: Primarily focuses on setting aside decisions due to procedural errors or when new evidence emerges.
- Rule *: Involves the review of decisions, which may include setting aside under specific circumstances like procedural errors or new evidence.
If you have more questions, feel free to ask!
Rule * and Rule * under the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules * have different functions:
- Rule *: Primarily focuses on setting aside decisions due to procedural errors or when new evidence emerges.
- Rule *: Involves the review of decisions, which may include setting aside under specific circumstances like procedural errors or new evidence.
If you have more questions, feel free to ask!
They seem pretty much the same?
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Both Rule * and Rule * have some overlapping functions, but their purposes differ slightly:
- Rule *: Focuses specifically on setting aside decisions due to procedural errors or new evidence.
- Rule *: Involves a broader review of decisions, potentially leading to setting aside, but includes other grounds as well.
If you need more clarification or have questions about applying these rules to your case, feel free to ask!
Both Rule * and Rule * have some overlapping functions, but their purposes differ slightly:
- Rule *: Focuses specifically on setting aside decisions due to procedural errors or new evidence.
- Rule *: Involves a broader review of decisions, potentially leading to setting aside, but includes other grounds as well.
If you need more clarification or have questions about applying these rules to your case, feel free to ask!
Do you have any case law to prove that the RTM can set aside its own consent orders?
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The Right to Manage (RTM) company and its ability to set aside its own consent orders depends largely on the circumstances and applicable tribunal rules. However, specific case law examples would require thorough legal research or consultation with a legal professional. Would you like any additional information on the general process or guidance on where to find case law?
The Right to Manage (RTM) company and its ability to set aside its own consent orders depends largely on the circumstances and applicable tribunal rules. However, specific case law examples would require thorough legal research or consultation with a legal professional. Would you like any additional information on the general process or guidance on where to find case law?
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