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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

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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