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29 July 2010 / Richard Castle , John Castle
Issue: 7428 / Categories: Features , Landlord&tenant , Property
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Time to move on?

Richard Castle & John Castle believe it’s time leases moved with the times

“The length and complexity of modern leases is a scandal. Something ought to be done.” So began an article called Leases: time for change which appeared in the legal press on 3 July 1985. Sadly, much the same complaint can be made today. In 25 years, not much improvement has been made in the style, layout, language and design of most leases. Does that matter? We think it does, and that it is still worth investing time and effort in an attempt to bring leases into the 20th century before too much of the 21st goes by.
Advances since 1985

It’s certainly not been all doom and gloom. The Law Commission put its weight behind reform, and the Law Society has published a series of well-written business leases. The Code for Leasing Business Premises (2007) has become known and does a lot to redress the imbalance between landlord and tenant, and to cut down sterile negotiations on lease

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MOVERS & SHAKERS

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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