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With the summer holidays upon us, the team has been busy this week, dusting off the 1CL luggage and trying to remember where we put the 1CL parasols and windbreaks. But we’ve found time to revisit those old favourites, Brexit and the Great Refund Saga, as well as anxiously double-checking our pleadings in the light
Simon Newman of 1 Chancery Lane recently acted for a petitioner and obtained one of the first Winding Up Orders under the Corporate Insolvency and Governance Act 2020 (the 2020 Act). The unusual retrospective applicability of the 2020 Act meant that the Petitioner had to satisfy requirements which were not in force at the time
In this Update John Bryant considers two cases which deal with the tragic circumstances in which the Forfeiture Rule applies, Richard Cherry reports on Court of Appeal’s first encounter with the requirement that a landlord who wants to serve a section 21 notice must have given the tenant a gas safety check record. Zachary Bredemear’s
On 1 June 2020, Morgan J granted ex parte application to restrain the presentation of a winding up petition by a landlord of its tenant company, a high street retailer. The judgment can be read here. The tenant had been required to close the premises from which it traded in accordance with the instructions from
Sometimes a judgment blows away the smoke produced by generations of lawyers and leaves the legal landscape a little bit clearer. The judgment of Lewison LJ in Rees v Earl of Plymouth is one of those occasions. The case concerned a landlord who wished to enter farmland for the purposes of carrying out surveys, including
Many flats held under long leases are not occupied by the headlessee but someone occupying under a sub-tenancy. This arrangement can give rise to difficulties enforcing the terms of the headlease that prohibit the headlessee from “permitting” or “suffering” certain conduct to occur in the flat. Marchitelli v 15 Westgate Terrace Ltd [2020] UKUT 192
Richard Cherry of 1 Chancery Lane appeared for the Respondent. A fuller note of Richard’s analysis of the Court of Appeal’s decision can be found here THE HEADLINE Key facts – an AST tenant was not given the last Gas Safety Record (‘GSR’) before occupation but was given it before service of the s21
The Forfeiture Rule It is a well-known principle of public policy that a person should not benefit from his or her criminal activity. As Fry L.J. put it in Cleaver v Mutual Reserve Fund Life Association [1891] 1 QB 147 at 156: “…no system of jurisprudence can with reason include amongst the rights which
In yesterday’s webinar, Andrew Goodman looked at how to prepare for cross-border and international mediation, and covered: Mediator selection The role and responsibilities in international work Jurisdictional issues Cross-cultural factors, language and understanding Lawyer and client preparation Enforcement of settlement agreements If you missed it, you can view it here The next in our weekly
Award winning renowned plastic surgeon Fulvio Urso-Baiarda and barrister Dominique Smith speak about the common issues encountered in cosmetic surgery from a clinical and legal perspective, including: Common cosmetic surgery treatments; Areas of poor practice; Consent; High expectations and surgical outcomes. Take a look at our upcoming webinars here.