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A brave new world

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

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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