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27 May 2010 / Andrew Bruce
Issue: 7419 / Categories: Features , Landlord&tenant , Property
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Virtual assignments: the final word?

Andrew Bruce considers the Court of Appeal’s decision in Clarence House & the future of virtual assignments

The Supreme Court has now refused permission to appeal in the case of Clarence House Ltd v National Westminster Bank plc [2009] EWCA Civ 1311, [2009] All ER (D) 70 (Dec) and so it is perhaps an opportune moment to consider whether, in the light of the Court of Appeal’s decision, virtual assignments will (or ought to) continue to be relevant to property practitioners.

For the uninitiated, a virtual assignment is a conveyancing device for leases under which “...all the economic benefits and burdens of the relevant lease (including any management responsibilities) are transferred [by the lessee] to a third party, but without any actual assignment of the leasehold interest or any change in the actual occupancy of the premises in question” [per HHJ Hodge QC at first instance in Clarence House]. It enables transactions involving large portfolios of leases to be dealt with swiftly and efficiently without the need for consents to assignments under each of the particular leases having to be

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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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