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litigation
Aerial view of Porthcawl beach harbour

Community Success As Plans To Convert Local Hotel Are Scrapped

Community Success As Plans To Convert Local Hotel Into A Centre For Female Offenders Are Scrapped Key Contact: Hugh Hitchcock Author: Jennifer Butcher The Ministry of Justice has officially scrapped proposals to use the Atlantic Hotel in Porthcawl as a centre for female offenders. Acuity acted on behalf of a number of Porthcawl residents, against...
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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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Human Head and Equal Sign Formed by Human Crowd

Discrimination case law update

Discrimination case law update Key Contact: Claire Knowles Author: Dan Evans Asda Supermarkets v Brierley and others – Equal pay in retail In October 2016 the Employment Tribunal decided that Asda shop workers (who are mostly women) were entitled to equal pay to Asda warehouse workers (who are mostly men). It was held that both...
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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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Business contract with glasses

Force Majeure and Frustration: The Impact of Covid-19

Force Majeure and Frustration: The Impact of Covid-19 Key Contact: Jared Ursell Author: Joe Smith The impact of Covid-19 has had a significant impact not only on businesses themselves, but their ability to perform certain contracts, especially as different lockdown regimes have been introduced across different parts of the UK. Disputes can arise as a result; for...
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Scaffolding on residential building

Alexander Devine Children’s Cancer Trust v Housing Solutions Ltd

Supreme Court Judgement: Alexander Devine Children’s Cancer Trust v Housing Solutions Ltd [2020] UKSC 45 s.84 Law of Property Act 1925, arguing ‘public interest’ and a warning to Developers to discharge or modify restrictive covenants prior to commencing development work. Key Contact: Jennifer Butcher Author: Abby Stephens On 6th November 2020, the Supreme Court handed...
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Judge's gavel. justice concept.

The New ICC Arbitration Rules for 2021: Key Points to Note

The New ICC Arbitration Rules for 2021: Key Points to Note Key Contact: Jon Stroud Author: Joe Smith Background The International Chamber of Commerce (“ICC”) have released the draft of the 2021 Arbitration Rules (“the 2021 Rules”) due to be formally released in December 2020. The 2021 Rules will come into force on 1 January...
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