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A guide to the litigation process in England and Wales
Inbrief
06 February 2024If you are involved in a dispute in England and Wales you need to know: what options there are for resolving the dispute; what litigation involves; the steps from the start of proceedings to trial; what parties to proceedings have to do; the fundamentals of court procedure; how to use legal advisers efficiently and cost effectively; and what happens after judgment.
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Not so intangible: IP rights and real estate. Clare Reddy, Stephanie Kay and Michael Szlesinger write for EG
Press
01 June 2022From trophy buildings that dominate the skyline to uniquely designed work and living spaces, distinctiveness is a significant driver of real estate value. Key to developers’ ability to leverage and protect that value are intellectual property rights.
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Landlord's intention under Ground (g) of the Landlord and Tenant Act 1954
08 November 2021It is often said that, opposing renewal under paragraph (g) of section 30 (1) of Part II of the Landlord and Tenant Act 1954 on the ground that the landlord intends to occupy the premises for the purposes of a business to be carried on by it, is a relatively straight forward ground upon which a landlord can succeed in opposing renewal. Since the decision of S.Franses v Cavendish Hotels there has been much speculation about the extent to which that decision impacts upon the landlord’s ability to oppose renewal on ground of opposition under paragraph (g).
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Jurisdiction Challenges
Inbrief
28 October 2021Where a claim is litigated can be very important. This inbrief provides you with a guide on how to challenge the jurisdiction of the English courts if a claim is started here. We also highlight the steps that can be taken in England if a claim is commenced elsewhere, even though you believe it should be litigated or arbitrated in England.
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Enforcing arbitral awards in England & Wales
Inbrief
28 October 2021Where a party has obtained a favourable arbitration award in a jurisdiction other than England and Wales and the respondent to those arbitration proceedings has assets in this jurisdiction, the successful party may wish to enforce the arbitration award here. This guide will consider the steps that the successful party must take in order to be able to do so.
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“A net from which there is no escape”: takeaways from recent cases on dishonesty and conspiracy
11 October 2021The case of Lakatamia Shipping Co Limited v Nobu Su is one of a number of recent judgments to grapple with questions of honesty and credibility.
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Commercial rent — COVID-19 - tenants’ defences fail at first hurdle
09 July 2021Commercial tenants and landlords alike have been eagerly awaiting the outcome of two landmark cases (Commerz Real Investmentgesellschaft mbH v TFS Stores Limited and Bank of New York Mellon (International) Ltd & Others v Cine-UK Ltd & Others) where a number of tenants challenged their liability to pay the rent and other sums under their respective leases based on arguments related to the effects of Covid-19.
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Adjudication
Inbrief
08 July 2021Adjudication is a mandatory procedure for determining disputes, and was introduced in the construction industry by the Housing Grants, Construction & Regeneration Act 1996 (the “Construction Act”).
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Coronavirus Act 2020 and forfeiture of leases
16 June 2021The government has protected tenants’ interests, with the Coronavirus Act 2020 coming into force on 26 March 2020.
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COVID-19 advice for corporate occupiers
16 June 2021Commercial tenants – whether occupying offices, retail premises, industrial units or other property - face potentially existential questions arising out of their landlord and tenant relations, how to manage cashflow and outgoings as revenues dry up, premises shut down and uncertainty reigns.
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RE: Occupy - Real Estate FAQs for Tenants during Covid-19
Inbrief
16 June 2021The impact of Covid-19 is constantly changing for the real estate sector: from construction sites and developments being shut down; to new approaches for planning inquiries and a mutable landscape for lease negotiations. Nothing is set in stone. Therefore, we have pulled together a selection of the questions we are being asked by clients and will be updating this regularly.
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New rules on witness statements in force from 6 April 2021
09 March 2021The Civil Procedure Rule Committee has approved new rules on preparing trial witness statements of fact in the Business and Property Courts of England and Wales (i.e. the Chancery Division, the Commercial Court, Circuit Commercial Court, Financial List). The new rules apply to trial witness statements signed on or after 6 April 2021 (with certain exceptions) and will have a significant impact. Parties and their advisers need to become familiar with the changes now for any trial statements that may already be in progress.
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Government imposes moratorium on statutory demands and winding up petitions
07 January 2021The government has introduced a temporary ban on commercial property landlords from issuing statutory demands and winding-up petitions against tenant companies unable to pay amounts owed under their lease due to coronavirus.
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It takes two to make a thing go right...! The two-part possession hearing
Inbrief
09 November 2020On 27 March 2020, all possession claims and evictions (save for a few exemptions) were stayed as a result of the Coronavirus pandemic. Fast forward to 20 September 2020, and the stay has been lifted, but there are new arrangements released by the Master of the Rolls “The Overall Arrangements” which deal with how the Court intends to return to hearing possession claims and the challenges it faces. Most important to note is the introduction of a “Review Hearing”.
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Lewis Silkin wins Real Estate Team of the Year Award 2020
Press Release
06 November 2020Lewis Silkin has won the accolade of Real Estate Team of the Year award at The Lawyer Awards 2020 for their work on Earl’s Court Regeneration.
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Dispute Resolution Update - October 2020
16 October 2020Welcome to our October 2020 Dispute Resolution Update which collates some of our recent insights. We will be hosting our next dispute resolution webinar on the 5th November 'Trading through the pandemic: insolvency issues, risk and contractual performance.' You can find registration instructions here. Thank you for reading the October Dispute Resolution Update.
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Reactivation Notice: Pursuant to Practice Direction 55C
Inbrief
07 August 2020Landlords wishing to proceed with possession action issued before 3 August 2020 and which has been stayed automatically by CPR55.29 must file and serve a written notice (a “reactivation notice”) confirming that they wish the case to be listed, relisted, heard or referred.
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Dispute Resolution Update - July 2020
20 July 2020Welcome to our July 2020 Dispute Resolution Update. We've included articles on a range of issues, including features on Covid-19, Professional Services and Sports Disputes. Since our last Update, Covid-19 and the enforced lockdown has turned life upside down for many businesses and individuals. As the world has adjusted, contentious issues have started to emerge. Not only can we help resolve such issues once they arise, we can also work with you to reduce the risk of litigation. If you have any feedback, comments or queries let us know by contacting Paula Barry.
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Important new case on disclosure, but has anyone noticed?
28 April 2020Given the dominance of the coronavirus over all aspects of life, including the law, it would be easy to miss the appearance of a new case about one of the basics of litigation.
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Legal Professional Privilege Update
21 April 2020This guide is intended to provide a brief overview of legal professional privilege. It identifies some practical steps which will help to maintain privilege and concludes with a privilege “flowchart” and table of commonly used terms.