Category

Litigation & Dispute Resolution
Westfield shopping centre, London

Unpaid Rent and the ‘Covid Defence’.

Unpaid Rent and the ‘Covid Defence’. Two recent cases highlight that Tenants should be wary of relying on a ‘Covid Defence’ when seeking to defend claims for unpaid rent. Key Contact: Jennifer Butcher Authors: Hugo Hiley & Katie Lane Commerz Real Investmentgesellschaft mbh v TFS Stores Ltd [2021] EWHC 863 (Ch) (“Commerz”) In the above...
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Chalets & Caravans, luxury holiday homes

No Order as to Costs?

No Order as to Costs? Key Contact: Jennifer Butcher Author: Hugo Hiley On 27 April 2021, David Hodge QC in Shearbarn Holiday Park Ltd v Wornell and others ruled against the landlord’s appeal to recover litigation costs through service charge provisions in a lease due to a “no order as to costs” provision in a...
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Gavel Resting On Top Of Open Law Book

Royal Mail Scandal Finally Shows the True Power of Litigation Funding

Royal Mail Scandal Finally Shows the True Power of Litigation Funding Key Contact: Hugh Hitchcock Authors: Jonathan Stroud & Hugo Hiley Through the Justice for Sub-postmasters Alliance (JFSA), hundreds of sub-postmasters last week finally got a taste for victory when the criminal convictions of 39 sub-postmasters were quashed after years of expensive legal wrangling. The...
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Gavel and books

H Stain v Richmond

H Stain v Richmond Key Contact: Jennifer Butcher Author: Hugo Hiley Summary The case concerns a demand for service charge on behalf of the appellant landlord. It was held by Martin Rodger QC in the Upper Tribunal (Lands Chamber) (“UT”) that the service charge demand issued to the residential leaseholder was invalid on the grounds...
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business man at the time of covid 19 with mask on

Government Extends Covid-19 Insolvency Protections

Government Extends Covid-19 Insolvency Protections Key Contact: Huw Roffe Author: Steven Koukos The Corporate Insolvency and Governance Act 2020 originally introduced a number of protective measures to help companies and directors who were facing difficulties during the Covid-19 pandemic. The measures included protecting businesses from aggressive creditor enforcement and removing personal liability on company directors. These...
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writing letter with pen and paper

Duchess of Sussex’ victory over Associated Newspapers Limited

Duchess of Sussex’ victory over Associated Newspapers Limited Key Contact: Huw Roffe Author: Katie Lane The High Court recently granted the Duchess of Sussex’s (“the Duchess”) applications for summary judgment in relation to her claims for misuse of private information and copyright infringement against Associated Newspapers Limited (“ANL”), arising from the reproduction of large parts...
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Motorsports race track

Racing to sell? PJSC Uralkali v Rowley & Anor [2020] EWHC 3442 (Ch)

Racing to sell? PJSC Uralkali v Rowley & Anor [2020] EWHC 3442 (Ch) Key Contact: Hugh Hitchcock Author: Tom Geen Summary The High Court has handed down a judgment following a trial relating to the administration of Force India Formula One Team Ltd, where a bidder for the company’s business and assets tried to hold...
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External view of the Supreme Court.

Supreme Court Gives Guidance on Business Interruption Pay-outs for Small Businesses

Supreme Court Gives Guidance on Business Interruption Pay-outs for Small Businesses Key Contact: Hugh Hitchcock The rise of the day brought with it a new lease of life for many small businesses and promises a new prospect of hope for many in a great time of need. On 15 January 2021, the Supreme Court delivered...
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architect and an engineer coordinating

Option Agreements: The Importance of Context and Commercial Common Sense

Option Agreements: The Importance of Context and Commercial Common Sense Author: Abby Stephens Key Contact: Jennifer Butcher The recent case of Fishbourne Developments Ltd v Stephens [2020] EWCA Civ 1704 has highlighted the importance of considering factual context and using commercial common sense when interpreting trigger events in option agreements over development land. Background A written option...
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Growing financial chart

Companies Provided Additional Protection from Insolvency

Companies Provided Additional Protection from Insolvency Key Contact: Hugh Hitchcock Author: Joe Smith The measures introduced by the Corporate Insolvency and Governance Act 2020 (“CIGA 2020”) aimed to protect businesses from the financial strain of COVID-19 by introducing a range of different measures. Some of the temporary measures in focus in this note, which are...
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