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Civil way: 4 September 2015

04 September 2015
Issue: 7666 / Categories: Features , Civil way
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​Kindness to lessees; Macclesfield faces chop; CPR and FPR: latest changes; & peril of service charge challenge

WHAT A RELIEF!

Seven commercial retail units were held under a head lease. One of those units had been sub-let to a controversially run Chinese restaurant which caused nuisance and annoyance to other lessees. Nevertheless, the head lessee granted a future sub-lease to the restaurant and that was in breach of an alienation covenant which bound it. The head lessee demonstrated a cynical disregard of its obligations.

So it was in Friefeld and another v West Kensington Court Ltd [2015] EWCA Civ 806, [2015] All ER (D) 37 (Aug). The head lessor forfeited and the head lessee applied for relief. This was refused by the circuit judge despite the fact that forfeiture represented a windfall for the head lessor of £1 to £2m. The judge found that a last minute attempt to obtain relief on the basis that the head lease was assigned was too late. In the event and post-judgment, the head lessee procured the surrender of

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MOVERS & SHAKERS

DWF—19 appointments

DWF—19 appointments

Belfast team bolstered by three senior hires and 16 further appointments

Cadwalader—Andro Atlaga

Cadwalader—Andro Atlaga

Firm strengthens leveraged finance team with London partner hire

Knights—Ella Dodgson & Rebecca Laffan

Knights—Ella Dodgson & Rebecca Laffan

Double hire marks launch of family team in Leeds

NEWS
Charles Pigott of Mills & Reeve reports on Haynes v Thomson, the first judicial application of the Supreme Court’s For Women Scotland ruling in a discrimination claim, in this week's NLJ
Charlie Mercer and Astrid Gillam of Stewarts crunch the numbers on civil fraud claims in the English courts, in this week's NLJ. New data shows civil fraud claims rising steadily since 2014, with the King’s Bench Division overtaking the Commercial Court as the forum of choice for lower-value disputes
The Supreme Court issued a landmark judgment in July that overturned the convictions of Tom Hayes and Carlo Palombo, once poster boys of the Libor and Euribor scandal. In NLJ this week, Neil Swift of Peters & Peters considers what the ruling means for financial law enforcement
Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ
Artificial intelligence may be revolutionising the law, but its misuse could wreck cases and careers, warns Clare Arthurs of Penningtons Manches Cooper in this week's NLJ
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