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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

WSP Solicitors—David Ashcroft & Jessica O’Shea

WSP Solicitors—David Ashcroft & Jessica O’Shea

Commercial property and child law teams expand with senior hires

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Set expands London and Singapore offering with senior international disputes hires

Gilson Gray—Gregor Duthie & Stephen Forsyth

Gilson Gray—Gregor Duthie & Stephen Forsyth

Firm strengthens real estate and litigation teams with partner promotions

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Five years after the Domestic Abuse Act 2021 came into force, concerns remain that the family courts continue to minimise allegations of abuse in child contact disputes
Uber has built a formidable strategy for insulating itself from liability for drivers’ conduct, but the legal terrain differs sharply between the US and England and Wales
The House of Lords (Hereditary Peers) Act 2026 marks a constitutional watershed by severing the centuries-old link between hereditary titles and automatic membership of the upper chamber
The Civil Justice Council’s review of Part III of the Solicitors Act 1974 could mark the end of what one commentator calls an ‘outdated’ and overly technical regime governing solicitor-client fee disputes
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