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Can a claim be personally served at the Employment Tribunal Central Office? No, found the Employment Tribunal in Mbikang v The Nottingham University Hospitals NHS Trust.
The time limit for presenting the claim was 24 December 2013. The claim form was date stamped 30 December 2013. The Employment Tribunal found as a matter of fact that claim was hand delivered to the Employment Tribunal Central Office, Arnhem House, on 24 December 2013. However this did not comply with the requirements as to presentation. Personal service is not permitted at Arnhem House. Therefore the postal rule applies. To be served by post, the claim has to be a) properly addressed; b) prepaid; and c) posted. Therefore there was no presentation and the claim had to be dismissed.
There may well be a significant number of cases in the system which the Tribunal has no jurisdiction to hear, if presented in the same way as in this case.
One of the requirements for tenants to contract out of the security of tenure regime contained in the Landlord and Tenant Act 1954 is that they make a simple or statutory declaration before entering into the lease.
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Landlords should reconsider summary judgment if a Part 26A restructuring plan is pending.
A landlord’s claim for summary judgment to recover rent and service charge arrears accrued since the start of the pandemic against a non-essential retailer succeeded. Like London buses, a second such case has followed hot on its heels.
Whilst this decision may not be surprising, it will undoubtedly send a chill down the spine of retailers in a similar position to The Fragrance Shop.
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