header-logo header-logo

Civil way: 4 September 2015

04 September 2015
Issue: 7666 / Categories: Features , Civil way
printer mail-detail

​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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
back-to-top-scroll