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12 August 2022 / Stephen Gold
Issue: 7991 / Categories: Features , Procedure & practice , Civil way
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Civil way: 12 August 2022

Covid rent; Damp pays; Heavy breathing; New court; Acting for both sides; Permission for absence

LJJs AT THE MOVIES

Cinema lessees have failed in their attempts to avoid liability for rent during closure of their premises which could not be used because of the pandemic. In Bank of New York Mellon (International) Ltd v Cine-UK Ltd and another case [2022] EWCA CIV 1021, [2022] All ER (D) 10 (Aug) the Court of Appeal rejected arguments that implied terms and failure of basis (formerly known as failure of consideration) let the lessees off the hook.


DAMP UPLIFT

General (not special) damages for breach of a repairing covenant do attract a 10% Simmons v Castle uplift (by way of compensation for the success fee which the claimant tenant’s lawyer is entitled to be paid by their client but which cannot be recovered from the landlord). That was Khan v Mehmood [2022] EWCA Civ 79.


PHEW X 63,864

One in 736 adults entered a breathing space moratorium under the debt respite scheme

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MOVERS & SHAKERS

Carter-Ruck—Tomas Vail

Carter-Ruck—Tomas Vail

Carter-Ruck strengthens International team with appointment of arbitration partner Tomas Vail

Slater Heelis—Nick Terry

Slater Heelis—Nick Terry

Slater Heelis strengthens crime and regulatory team with appointment of Nick Terry as partner

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach strengthens private wealth offering with appointment of two new partners

NEWS
Expert witnesses face a multitude of risks and uncertainties when using artificial intelligence (AI) in their reports, IT specialists have warned
The Ministry of Justice (MoJ) has accepted Richard Lloyd’s recommendations for the Legal Services Board (LSB) and ordered a ‘comprehensive review of the regulatory framework’, likely to continue beyond 2029
More than one-third of expert witnesses now use artificial intelligence (AI) regularly or occasionally in their work, according to Bond Solon’s 2026 expert witness survey
General counsel have warned law firms not to keep artificial intelligence (AI) savings to themselves or risk losing work
Some 53 firms have been successfully assessed for legal aid contracts for inquest work and will now move to the verification stage, the Legal Aid Agency has confirmed
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