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Civil way: 26 November 2021

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

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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