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30 September 2010 / Keeley Ellaway
Issue: 7435 / Categories: Features , Landlord&tenant , Property
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A brave new world

Leases have moved on. It’s the market that needs to catch up, says Keeley Ellaway

In their recent NLJ article, Richard Castle and John Castle lamented the lack of progress in lease development calling for leases to be “brought into the 20th century before too much of the 21st goes by” (NLJ, 30 July 2010, p 1068-69). Clearlet, a new form of lease written in plain English, goes some way to address this challenge.

Clearlet was devised by Nabarro and developed for one of its major landlord clients by the clients’ legal panel of Nabarro, Eversheds and Dundas & Wilson. Clearlet reflects a modern approach to leasing and is indicative of a move away from the historic adversarial position between landlord and tenant to that of a partnership where the parties work collaboratively to achieve a mutually beneficial document.

The idea behind Clearlet

The idea for Clearlet was put forward before current challenging economic times. In these conditions, the adoption of a Clearlet approach has become a necessity rather than a nicety, with many firms acknowledging that they cannot simply

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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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