Category

Litigation & Dispute Resolution

Updated Business Tenancies Moratorium

Updated Business Tenancies Moratorium Key Contact: Jennifer Butcher Author: Emma Poole Following the Welsh Government’s announcement last week (please read previous article here), The Ministry of Housing, Communities and Local Government has announced that an extension to the moratorium of forfeiture of business tenancies in England under the Coronavirus Act 2020 (“the Act”) will also be granted...
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Security for Costs and Covid 19: International Pipeline Products Limited v IK UK Limited & Others

Security for Costs and Covid 19: International Pipeline Products Limited v IK UK Limited & Others Key Contact: Hugh Hitchcock Author: William Rees Security For Costs An order for security for costs offers a party (usually a defendant) protection from the risk of their opponent engaging them in costly proceedings but not being able to...
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Costs Budgeting: Major Changes in Force from 1 October 2020

Costs Budgeting: Major Changes in Force from 1 October 2020 Key Contact: Hugh Hitchcock Author: Steven Koukos Following the Civil Procedure (Amendment No.3) Rules 2020, SI 2020/747 and the 122nd  update to the Practice Direction, there are major changes in relation to the revision and variation of costs budgets, which come into force from 1...
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High Court Gives Guidance on UK Business Interruption Insurance

High Court Gives Guidance on UK Business Interruption Insurance Key Contact: Hugh Hitchcock Author: Hannah Jones On 15 September 2020, the Court delivered the long-awaited judgment in the FCA Test Case litigation concerning COVID-19 Business Interruption claims. The High Court resoundingly found in favour of small-to-medium businesses The Government’s announcement of COVID-19 emergency measures in...
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Further Extension of Protection Against Forfeiture of Business Tenancies in Wales

Further Extension of Protection Against Forfeiture of Business Tenancies in Wales Key Contact: Jennifer Butcher Author: Emma Poole When the Coronavirus Act 2020 (“the Act”) came into force in March 2020 it had wide implications for businesses across England and Wales. Not least Section 82 of the Act which provided that landlords of business tenancies...
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Acuity Law succeed on substantial pre-action disclosure application against Goldman Sachs

Acuity Law succeed on substantial pre-action disclosure application against Goldman Sachs relating to the alleged manipulation of the final share exchange ratio for the ArcelorMittal merger Key Contact: Hugh Hitchcock In Loches Capital Limited v Goldman Sachs International [2020] EWHC 2327 (Comm) Acuity Law’s dispute resolution team acted for Loches, the successful applicant to a...
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Extension of Commercial Property Forfeiture Suspension and New Code of Practice

Extension of Commercial Property Forfeiture Suspension and New Code of Practice Key Contact: Jennifer Butcher The UK government has confirmed that it will be extending the measures currently in place to support commercial tenants struggling to pay rent as a result of Covid-19. The Coronavirus Act 2020 (‘the Act’) had previously put in place the...
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Property Litigation: Conclusive Certification Clauses are not always conclusive

High Court case offers a warning to Landlords demanding service charges – Conclusive Certification Clauses are not always conclusive Key Contact: Jennifer Butcher Author: William Rees The High Court has clarified the interpretation of two clauses commonly found in commercial leases, being the “conclusive certification” clause and a “no set off” clause. In doing so,...
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Property Litigation: Court of Appeal clarify the implications of Practice Direction 51Z

Property Litigation: Court of Appeal clarify the implications of Practice Direction 51Z Key contact: Jennifer Butcher Author: William Rees In response to the Coronavirus pandemic, Practice Direction 51Z (PD 51Z) of the Civil Procedure Rules (CPR) came into force on March 27, 2020. PD 51Z makes provision to stay proceedings for, and to enforce, possession...
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The Temporary Insolvency Practice Direction: workable solutions during the current COVID-19 pandemic

The Temporary Insolvency Practice Direction: workable solutions during the current COVID-19 pandemic Key Contact: Aisha Wardell Author: Richard Armstrong The new Temporary Insolvency Practice Direction (‘the Temporary IPD’) gives much-needed clarity for insolvency proceedings in the Business and Property Courts during the COVID-19 pandemic. It implements a number of changes and supplements the ‘Practice Direction...
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