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26 November 2021 / Stephen Gold
Issue: 7958 / Categories: Features , Procedure & practice , Civil way
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Civil way: 26 November 2021

Rent arrears go backwards; Barder visits Covid; PI PAP PERFECTED; Enforcement stays; Law at Night; Memos with threats

BUSINESS RENTALS GO RETRO

The government has issued a new code of practice for commercial property relationships following the pandemic replacing the June 2020 version as updated. Its Commercial Rent (Coronavirus) Bill, which has received a first reading in the Commons, would lead to an arbitration process for parties failing to crack their dispute within the code as from 25 March 2022. Controversially, it is crazy on retrospection. Given that it has nothing to do with sleaze, you may well calculate that it will make it to the statute book. That being so, you could advise your business landlord clients to save on court fees. There will be a temporary moratorium on enforcement of business rent arrears which have accrued over the period 21 March 2020 to, generally, 18 July 2021 in England and 7 August 2021 in Wales because the tenancy was ‘adversely affected by coronavirus’. A debt claim for the arrears made on or after 10 November 2021 and before the

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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