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Legal wrap: New Look’s CVA, the great office return and pet-friendly leases

Welcome to your weekly round-up of the pick of the content published on EG Legal over the past seven days.

This week, we begin our look in detail at the recent raft of cases involving retail and leisure CVAs and restructurings. Episode one in a three-part On the Case series focuses on the New Look decision, with Virgin Active and Regis to follow in further episodes. New Look also gets the written feature treatment, while our practice points offer clear summaries of the key points of Virgin Active and Regis, with more analysis sure to come.

The other dominating theme of the week, as the country continues to open up, is the return to offices – we have the major issues that employers should be considering as workers come back, and a look at how local development orders can help provide the kind of flexible office space the market needs. But if you want a little light relief, why not read all about the pandemic puppy boom and the impetus for resi landlords to take a more pet-friendly approach?

Legal news

High Court judge revokes Regis CVA

The Fragrance Shop fails in bid to opt out of opting out of security of tenure

New Look landlords to get second round in the Court of Appeal

Supreme Court deals blow to business rate mitigation schemes

Legal features

CVAs – friend or foe?
Tim Carter and Helen Wheddon look at implications for landlords of the unsuccessful challenge

On the Case: The New Look CVA decision explained
Julie Gattegno analyses the High Court’s rejection of a challenge by landlords to New Look’s CVA

One Blackfriars and the valuation boomerang
Allyson Colby analyses a recent dispute over the property

Back to the office? Key issues employers must consider
Sybille Steiner and Jo Moseley offer a round-up of the key considerations when the work from home guidance ends on 21 June

Rent and the problem with pets
Social pressure is building on landlords to provide animal-friendly leases, writes Samuel Lear

Valuation: finding comparables during Covid
Sebastian Deckker provides a clear and authoritative guide to the use of comparables during Covid-19

Harnessing LDOs to entice workers back
Fred Lee and Anthony McNamee on how LDOs offer the kind of flexibility in planning needed to support office reopenings

Data privacy and virtual tours
Patrick Wheeler and Mette Marie Kennedy stress the need to be wary when selling or letting online

Practice points

Restrictive covenants: court decides a novel point on section 84(2)
Re Conwy Marina Village

A CVA, already terminated by administration, has been revoked
Carraway Guildford (Nominee A) Ltd v Regis UK Ltd

To challenge or not to challenge – ‘when’ is the question
R (on the application of Fylde Coast Farms Ltd (formerly Oyston Estates Ltd)) v Fylde Borough Council

Supreme Court refuses to pierce corporate veil of rates avoidance SPVs
Hurstwood Properties (A) Ltd v Rossendale Borough Council

The Supreme Court sees through a business rates avoidance scheme
Hurstwood Properties (A) Ltd v Rossendale Borough Council

What tenants say in their declarations is not an examination question
TFS Stores Ltd v Designer Retail Outlet Centres

Planning decisions: they’re not pure mathematics
Sefton Metropolitan Borough Council v Secretary of State for Housing, Communities and Local Government

The court overrides landlords’ objections to a restructuring plan
Re Virgin Active Holdings Ltd

Case summaries

TFS Stores Ltd v Designer Retail Outlet Centres and others
Landlord and tenant – Business premises – Security of tenure

R (Fylde Coast Farms Ltd (formerly Oyston Estates Ltd)) v Fylde Borough Council
Town and country planning – Neighbourhood development plan – Judicial review – Time limit

Rossendale Borough Council and another v Hurstwood Properties (A) Ltd and others
Rating – Non-domestic rates – Special purpose vehicles

R (on the application of Sefton Metropolitan Borough Council) v SSHCLG
Town and country planning – Planning permission – National Planning Policy Framework

Law report

Chuan-Hui and others v K Group Holdings Inc and others
Landlord and tenant – Appointment of manager – Service charges

 

For more legal articles and to search our extensive archive, visit EG Legal 

 

To send feedback, e-mail jess.harrold@egi.co.uk or tweet @estatesgazette

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