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11 July 2025 / Stephen Gold
Issue: 8124 / Categories: Features , Procedure & practice , Civil way , CPR
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Civil way: 11 July 2025

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

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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