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09 September 2010 / Stephen Dean , Nick Knapman
Issue: 7432 / Categories: Features , Property
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No surrender?

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Nick Knapman & Stephen Dean ask how unequivocal is “unequivocal conduct” when it comes to
surrender by operation of law

Surrender, and specifically, surrender by operation of law is generally well understood as a legal principle. Yet it is a principle that continues to come regularly before the courts and, as the recent Court of Appeal decision in QFS Scaffolding v Sable [2010] EWCA Civ 682, [2010] All ER (D) 158 (Jun) has confirmed, the conduct of the parties is central to determining whether or not there has been a valid surrender by operation of law. Only where that conduct is unequivocal and entirely unambiguous will the test be satisfied.

The increase in court attention is almost certainly a sign of the times: many leases do not run their full term during an economic downturn. Surrender offers an apparently quick and convenient way of bringing about the early end of a lease. Surrender can be either express (requiring a deed in accordance with s 52 of the Law of Property Act 1925),

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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

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Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

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Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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