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Property law & the COVID-19 pandemic

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

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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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