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11 September 2008 / Nat Duckworth , Adam Rosenthal
Issue: 7336 / Categories: Features , Property
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A qualifying tenant?

Adam Rosenthal and Nat Duckworth unravel the implications of Cadogan

In Maurice v Hollow-Ware Products Ltd [2005] EWHC 815 (Ch), [2005] 2 EGLR 71, a block of flats was subject to a head lease, out of which were granted long underleases of each of the 28 flats in the block. David Donaldson QC, sitting as a deputy judge of the Chancery Division, upheld the claim by the head lessee of the block to be entitled to lease extensions of each of the 28 flats, by virtue of the head lease, under Ch 2 of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993). This decision was followed by two judges of the Central London County Court in Earl Cadogan v 26 Cadogan Square Limited and Howard de Waldon Estates Limited v Aggio and others.

Cadogan concerned a six-storey building, the lower three of which were used as offices and the upper three comprised a single maisonette, subject to an assured shorthold tenancy. Aggio concerned a five-storey building converted into flats, of

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Hugh James—Jonathan Askin

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NEWS
Personal injury lawyers have welcomed a government U-turn on a ‘substantial prejudice’ defence that risked enabling defendants in child sexual abuse civil cases to have proceedings against them dropped
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
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