header-logo header-logo

09 July 2020 / Philip Sissons
Issue: 7894 / Categories: Features , Covid-19 , Property , Landlord&tenant
printer mail-detail

Property law & the COVID-19 pandemic

23963
Will the easing of lockdown restrictions also unleash a wave of property related litigation? Phil Sissons, Falcon Chambers

Introduction

At this stage of the pandemic, it feels trite to say that the impact upon property law has been both profound and unprecedented. Even the devastating financial crash of 2008 did not have the same all-encompassing impact on the day-to-day use of property of all types. Faced with this crisis, the immediate focus has, of necessity, been on the rapidly implemented procedural restrictions (to say nothing of the practical problems of conducting litigation in lockdown). The general stay on possession proceedings implemented via PD 51Z has already been considered three times by the Court of Appeal: (London Borough of Hackney v Okoro [2020] EWCA Civ 681, [2020] All ER (D) 154 (May); Arkin v Marshall [2020] EWCA Civ 620, [2020] All ER (D) 65 (May); TFS Stores Limited v The Designer Retail Outlet Centres (Mansfield) General Partner Limited [2020] EWCA Civ 833). The moratorium on forfeiture for

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

Gardner Leader—Michelle Morgan & Catherine Morris

Gardner Leader—Michelle Morgan & Catherine Morris

Regional law firm expands employment team with partner and senior associate hires

Freeths—Carly Harwood & Tom Newton

Freeths—Carly Harwood & Tom Newton

Nottinghamtrusts, estates and tax team welcomes two senior associates

NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
back-to-top-scroll