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19 May 2017
Issue: 7746 / Categories: Case law , Law digest , In Court
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Landlord & tenant

TCG Pubs Ltd (in administration) and another v Master and Wardens or Governors of the Art or Mystery of the Girdlers of London [2017] EWHC 772 (Ch), [2017] All ER (D) 81 (May)

The Chancery Division ruled on whether the first claimant tenant of a pub (a company in administration) had complied with its obligation, under a lease, to offer the defendant landlord an option to purchase the lease, prior to seeking consent to assign it to another party (the option clause). The court held that the application for consent to assign the lease, although made by the proposed assignee of that lease, should be treated as having been made by the tenant. However, it ruled that, notwithstanding that, a letter sent by the tenant’s administrators to the landlord on the previous day had not been adequate to trigger the landlord’s buy-back right under the option clause. The court held that that letter had not proffered a formal option, and, accordingly, could not comply with the pre-requisites to the tenant’s applying for a licence to assign the

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MOVERS & SHAKERS

Boodle Hatfield—Tom McLaughlin

Boodle Hatfield—Tom McLaughlin

Boodle Hatfield welcomes new employment partner, Tom McLaughlin

Arc Pensions Law—Victoria Thompson-Hill, Jonathan Mason & Georgi Ivanov

Arc Pensions Law—Victoria Thompson-Hill, Jonathan Mason & Georgi Ivanov

National specialist pensions law firm strengthens team with three new appointments

Jurit—Christian Abletshauser

Jurit—Christian Abletshauser

Jurit appoints Christian Abletshauser to lead family law practice

NEWS
Burges Salmon appoints Benn Richards to strengthen Contentious Insolvency offering
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
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