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26 November 2021 / Stephen Gold
Issue: 7958 / Categories: Features , Procedure & practice , Civil way
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Civil way: 26 November 2021

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Rent arrears go backwards; Barder visits Covid; PI PAP PERFECTED; Enforcement stays; Law at Night; Memos with threats

BUSINESS RENTALS GO RETRO

The government has issued a new code of practice for commercial property relationships following the pandemic replacing the June 2020 version as updated. Its Commercial Rent (Coronavirus) Bill, which has received a first reading in the Commons, would lead to an arbitration process for parties failing to crack their dispute within the code as from 25 March 2022. Controversially, it is crazy on retrospection. Given that it has nothing to do with sleaze, you may well calculate that it will make it to the statute book. That being so, you could advise your business landlord clients to save on court fees. There will be a temporary moratorium on enforcement of business rent arrears which have accrued over the period 21 March 2020 to, generally, 18 July 2021 in England and 7 August 2021 in Wales because the tenancy was ‘adversely affected by coronavirus’. A debt claim for the arrears

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Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
NLJ this week: Justice at the algorithm’s edge
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
NLJ this week: When ‘milk’ really means milk
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
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Digital loot may feel like property, but civil law is not always convinced. In NLJ this week, Paul Schwartfeger of 36 Stone and Nadia Latti of CMS examine fraud involving platform-controlled digital assets, from ‘account takeover and asset stripping’ to ‘value laundering’
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