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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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“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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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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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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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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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.
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Electrical Safety in the Residential Private Rented Sector
01 April 2020The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 (the “Regulations”) are coming into force on 1 June 2020 and will apply to all new specified tenancies commencing on or after 1 July 2020 and all existing specified tenancies from 1 April 2021 in England.
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Coronavirus – landlord's obligations to carry out annual gas safety inspections
24 March 2020In these unprecedented times we have advised a number of landlords about their obligations to tenants and particularly in respect of the obligation on all residential landlords to carry out annual gas safety inspections in accordance with the Gas Safety (Installation and Use) Regulations 1998 when we should all be social distancing.
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Dispute Resolution Update - March 2020
12 March 2020Welcome to our March 2020 Dispute Resolution Update. We’ve included articles on a range of disputes, including summaries of recent cases and guides on key aspects of dispute resolution. With an increasingly globalised and fast changing environment, disputes are an inevitable part of business. Not only can we help resolve disputes once they arise, we also work with our clients to reduce the risk of litigation. If you have any feedback, comments or queries let us know by contacting Rachel Rooksby.
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Dispute Resolution Update - January 2020
16 January 2020Welcome to our January 2020 Dispute Resolution Update. We’ve included articles on a range of disputes, including summaries of recent cases and guides on key aspects of dispute resolution. With an increasingly globalised and fast changing environment, disputes are an inevitable part of business. Not only can we help resolve disputes once they arise, we also work with our clients to reduce the risk of litigation. If you have any feedback, comments or queries let us know by contacting Rachel Rooksby.
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Witness statements in the Business & Property Courts: no radical change, but room for improvement
07 January 2020After a consultation period, the Witness Evidence Working Group has published its report on factual witness evidence in the Business and Property Courts of England and Wales (the “B&PCs”), i.e. the Commercial Court, the Chancery Division and the Technology and Construction Court. The report does not propose radical changes, but recommends a number of ways in which the use of witness statements in the B&PCs can (and should) be improved.
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Without Prejudice and Without Prejudice Save as to Costs – Reasons to be Careful
21 November 2019The judgment in Sternberg Reed Solicitors v Andrew Paul Harrison [2019] EWHC 2065 (Ch) has put practitioners on notice that mislabelling without prejudice correspondence may have serious implications.
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“Once privileged, always privileged”
24 October 2019The Court of Appeal has held that legal advice privilege attaching to communications between a company client and its lawyers survived the dissolution of the company client, even where the Crown had disclaimed its interest in the documents concerned.
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Dispute Resolution Update - October 2019
10 October 2019Welcome to our October 2019 Dispute Resolution Update. We’ve included articles on a range of disputes, including summaries of recent cases and guides on key aspects of dispute resolution. With an increasingly globalised and fast changing environment, disputes are an inevitable part of business. Not only can we help resolve disputes once they arise but we also work with our clients to reduce the risk of litigation.