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Civil way: 12 August 2022

12 August 2022 / Stephen Gold
Issue: 7991 / Categories: Features , Procedure & practice , Civil way
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Covid rent; Damp pays; Heavy breathing; New court; Acting for both sides; Permission for absence

LJJs AT THE MOVIES

Cinema lessees have failed in their attempts to avoid liability for rent during closure of their premises which could not be used because of the pandemic. In Bank of New York Mellon (International) Ltd v Cine-UK Ltd and another case [2022] EWCA CIV 1021, [2022] All ER (D) 10 (Aug) the Court of Appeal rejected arguments that implied terms and failure of basis (formerly known as failure of consideration) let the lessees off the hook.


DAMP UPLIFT

General (not special) damages for breach of a repairing covenant do attract a 10% Simmons v Castle uplift (by way of compensation for the success fee which the claimant tenant’s lawyer is entitled to be paid by their client but which cannot be recovered from the landlord). That was Khan v Mehmood [2022] EWCA Civ 79.


PHEW X 63,864

One in 736 adults entered a breathing space moratorium under the debt respite scheme in the first year of its life: 63,864 registrations with StepChange

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MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

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