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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

Boies Schiller Flexner—Tim Smyth

Boies Schiller Flexner—Tim Smyth

Firm promotes London international arbitration specialist to partnership

Katten Muchin Rosenman—James Davison & Victoria Procter

Katten Muchin Rosenman—James Davison & Victoria Procter

Firm bolsters restructuring practice with senior London hires

HFW—Guy Marrison

HFW—Guy Marrison

Global aviation disputes practice boosted by London partner hire

NEWS
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
A construction defect claim in the Court of Appeal offers a sharp lesson in pleading discipline. In his latest 'Civil way' column for NLJ, Stephen Gold explains how a catastrophically drafted schedule of loss derailed otherwise viable claims. Across the areas explored in this week's column, the message is consistent: clarity, economy and proper pleading matter more than ever
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