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Civil way: 11 July 2025

11 July 2025 / Stephen Gold
Issue: 8124 / Categories: Features , Procedure & practice , Civil way , CPR
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Commission ruling; CoA civil guidance; ‘I am opposed by a spaniel’; SLAPPing good definition; lenders shall enquire.

LANDLORDS VULNERABLE

If the ruling of Mr Justice Richards stands in London Trocadero (2015) LLP v Picturehouse Cinemas Ltd and other companies [2025] EWHC 1247 (Ch), business tenants are in for a treat. The landlord in the case, which is part of the Criterion Group with a portfolio of properties worth over £4bn, had procured the sharing of commission paid by insurers to negotiating brokers under a block policy. That commission had been factored into the premium charged up to the tenant. In the final year of the seven years under the judicial microscope, there was a change of practice, with the landlord charging up the tenant some 35% of the applicable premium for ‘placement administration and work transfer’. Having paid the full premiums and the 35% under protest, the tenant counterclaimed the alleged overcharging in restitution. That counterclaim succeeded and is set to cost the landlord around £700,000.

The judgment depended

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MOVERS & SHAKERS

Boies Schiller Flexner—Tim Smyth

Boies Schiller Flexner—Tim Smyth

Firm promotes London international arbitration specialist to partnership

Katten Muchin Rosenman—James Davison & Victoria Procter

Katten Muchin Rosenman—James Davison & Victoria Procter

Firm bolsters restructuring practice with senior London hires

HFW—Guy Marrison

HFW—Guy Marrison

Global aviation disputes practice boosted by London partner hire

NEWS
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
A construction defect claim in the Court of Appeal offers a sharp lesson in pleading discipline. In his latest 'Civil way' column for NLJ, Stephen Gold explains how a catastrophically drafted schedule of loss derailed otherwise viable claims. Across the areas explored in this week's column, the message is consistent: clarity, economy and proper pleading matter more than ever
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