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Civil way: 12 August 2022

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

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Firm promotes London international arbitration specialist to partnership

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