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

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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

42BR Barristers—4 Brick Court

42BR Barristers—4 Brick Court

42BR Barristers to be joined by leading family law set, 4 Brick Court, this summer

Winckworth Sherwood—Rubianka Winspear

Winckworth Sherwood—Rubianka Winspear

Real estate and construction energy offering boosted by partner hire

Gateley Legal—Daniel Walsh

Gateley Legal—Daniel Walsh

Firm bolsters real estate team with partner hire in Birmingham

NEWS
A wave of housing and procedural reforms is set to test the limits of tribunal capacity. In his latest Civil Way column for NLJ this week, Stephen Gold charts sweeping change as the Renters’ Rights Act 2025 begins biting
Plans to reduce jury trials risk missing the real problem in the criminal justice system. Writing in NLJ this week, David Wolchover of Ridgeway Chambers argues the crown court backlog is fuelled not by juries but weak cases slipping through a flawed ‘50%’ prosecution test
Emerging technologies may soon transform how courts determine truth in deeply personal disputes. In this week's NLJ, Madhavi Kabra of 1 Hare Court and Harry Lambert of Outer Temple Chambers explore how neurotechnology could reshape family law
A controversial protest case has reignited debate over the limits of free expression. In NLJ this week, Nicholas Dobson examines a Quran-burning incident testing public order law
The courts have drawn a firm line under attempts to extend arbitration appeals. Writing in NLJ this week, Masood Ahmed of the University of Leicester highlights that if the High Court refuses permission under s 68 of the Arbitration Act 1996, that is the end
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