Welcome to your weekly round-up of the pick of the content published on EG Legal over the past seven days.
As promised last week, we have more extensive analysis of claims for rent arrears mounting up during the coronavirus pandemic, with a second extensive judgment following quickly after the first. Guy Fetherstonhaugh QC and Elizabeth Fitzgerald – who acted for the successful landlords in the second action – offer their expert insights into both rulings. In addition, Kim Clifford of Ashurst talks through the decisions and their implications in a must-listen episode of our On the Case podcast.
But it’s not all about unpaid rent. Our extensive array of content includes an update on the government’s handling of business rates, a feature on the importance of connectivity and a Legal Note that is just the duckiest.
Legal news
High Court orders Sports Direct, Cineworld and Mecca to pay rent arrears
On the Case: The landlord and tenant landscape after rent arrears rulings
Lancer and Abu Dhabi royal family settle bitter court battle
LGIM sued for more than £200m over 2017 Olympia deal
Heirs of 1920s benefactor lose out in £1.2m Supreme Court battle
Legal features
Rent in the time of Covid
Guy Fetherstonhaugh QC and Elizabeth Fitzgerald explain why commercial tenants who decide not to pay their rent can no longer plead the pandemic
Business rates: ‘Top marks’ are still possible
John Webber takes a look at grants and business rates and asks: “where are we now?”
Landlords: get connected or get left behind
David McLeod stresses the need for landlords to get office connectivity right in a flexible world
Hardened times for professional indemnity insurance
Lauren Morrison and Sadia McEvoy address the impact of limitations and exclusions of liability in the professional indemnity insurance market
Squaring the Countryside Code with the Sustainable Farming Incentive
The code encourages visitors to the countryside, but the incentive is oddly silent on public access, writes Charles Cowap
Legal note: Ducking the issue of service charges
Elizabeth Dwomoh seeks avian inspiration in discovering whether the appointment of a tribunal manager can transmogrify the character of monies paid as service charges
Practice points
Mortgage possession has a sorry procedural history
IKeji v Bank of Scotland plc
Pandemic-based defences to claims for rent arrears are summarily dismissed
Bank of New York Mellon (International) Ltd v Cine-UK Ltd
Consequences for a charging authority of non-compliance with the CIL Regulations
R (on the application of Trent) v Hertsmere Borough Council
Had land ceased to be a school?
Rittson-Thomas v Oxfordshire County Council
Enfranchisement: improvements and the reality principle
Alberti v Cadogan Holdings Ltd
Case summaries
Bank of New York Mellon (International) Ltd v Cine-UK Ltd and other appeals
Landlord and tenant – Arrears of rent – Business premises
R (on the application of Hudson) v Royal Borough of Windsor and Maidenhead
Town and country planning – Planning permission
Rittson-Thomas and others v Oxfordshire County Council
Land – Reverter – Trust for sale
Devon Waste Management Ltd and others v Commissioners of HM Revenue and Customs
Environment – Landfill tax – Waste disposal
R (on the application of Trent) v Hertsmere Borough Council
Town and country planning – Community infrastructure levy – Liability
Law report
TW Logistics Ltd v Essex County Council and another
Commons registration – Town or village green – Rectification of register
For more legal articles and to search our extensive archive, visit EG Legal
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