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Landlord and tenant

04 December 2008
Issue: 7348 / Categories: Case law , Law digest
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Seahive Investments Ltd v Osibanjo [2008] EWCA Civ 1282, [2008] All ER (D) 215 (Nov)

The right to forfeit may be waived by acceptance of rent by the landlord with knowledge of the breach, even though the landlord had no intention to waive.
The test whether or not the landlord acted to recognise the continued existence of the lease and the continuing relationship of landlord and tenant.
The landlord’s acceptance of rent as the result of an error, or on a “without prejudice” basis, may indicate that the landlord had no intention to waive, but such circumstances do not, as a matter of law, prevent waiver.

Issue: 7348 / Categories: Case law , Law digest
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MOVERS & SHAKERS

Myers & Co—Jen Goodwin

Myers & Co—Jen Goodwin

Head of corporate promoted to director

Boies Schiller Flexner—Lindsay Reimschussel

Boies Schiller Flexner—Lindsay Reimschussel

Firm strengthens international arbitration team with key London hire

Corker Binning—Priya Dave

Corker Binning—Priya Dave

FCA contentious financial regulation lawyer joins the team as of counsel

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Ian Gascoigne of LexisNexis dissects the uneasy balance between open justice and confidentiality in England’s civil courts, in this week's NLJ. From public hearings to super-injunctions, he identifies five tiers of privacy—from fully open proceedings to entirely secret ones—showing how a patchwork of exceptions has evolved without clear design
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