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Civil way: 9 July 2021

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09 July 2021
Issue: 7940 / Categories: Features , Procedure & practice
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WHAT A BUSINESS

The ban on enforcement by re-entry, forfeiture and action for non-payment of rent of business premises in England was due to run out on 30 June 2021 (see ‘Civil way’, NLJ 26 March 2021 p22). It has been extended to 25 March 2022 by the Business Premises (Protection from Forfeiture: Relevant Period) (Coronavirus) (England) (No 2) Regulations 2021 (SI 2021/732) and it is said that this will enable primary legislation to be passed which will encourage negotiation between landlords and tenants and, if necessary, mandate rent debt settlements. An arbitration process delivered by private arbitrators is planned. The regulations also prolong until 25 March 2022 the temporary amount of business rent arrears required in England before the commercial rent arrears recovery scheme can be activated. This has stood at 544 days’ worth since 24 June 2021 where it remains. It was seven days’ worth pre-pandemic. The Welch government has extended its ‘moratorium against forfeiture’ for business non-payment of rent from 30 June to 30 September 2021.

Further cuddling of businesses

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NEWS
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Public Accounts Committee warn of ‘extinction’ risk for legal aid
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
NLJ this week: The insider returns
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
NLJ this week: Drawing the line on contempt
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
NLJ this week: Stop and search by the numbers
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
NLJ this week: Looking back on the prorogation that never was
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
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