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04 September 2015
Issue: 7666 / Categories: Features , Civil way
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Civil way: 4 September 2015

​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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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