Charles Russell Speechlys Podcast Channel

Property Patter: top tips and traps for expert evidence

Emma Humphreys and Megan Davies are joined by Ben Faulkner of Wilberforce Chambers to discuss the key points for experts to bear in mind when preparing and delivering their evidence. What are an expert’s duties and where does expert evidence tend to fall down? And what do clients need to think about when an instructing an expert?

Property Patter: Dealing with Sporting Rights over Land

Sporting rights (including the right to shoot) can cause issues particularly if they are granted over land which may be developed in the future. Henry Fea is joined by Tristram van Lawick and Emma Preece to discuss how these rights arise and how they can be terminated, including the approaches taken towards calculating damages in the context of development.

Property Patter: the tactics of settlement offers

Sam Lear and Caroline Greenwell are back to talk about settlement offers in slightly more detail, including tactics, the impact that offers can have on costs and the difficulties of withdrawing Part 36 offers.

Case reference: Burrell v Clifford [2016] EWHC 578 (Ch)

Property Patter: post-pandemic lease renewals

COVID-19 has led to more hotly fought business lease renewals under the Landlord and Tenant Act 1954, on rent, interim rents, pandemic clauses and other issues.  To discuss some of the trends we have seen so far from the cases, Emma Humphreys is joined by Laura Bushaway of our Real Estate Disputes Team and Ben Faulkner of Wilberforce Chambers.

Cases:

• S Franses Limited v. The Cavendish Hotel (London) Limited [Unreported, County Court at Central London,18 June 2021]
• Bank of New York Mellon (International) Limited v. Cine-UK Limited and Others [2021] EWHC 1013
• WH Smith Retail Holdings Limited v. Commerz Real Investmentgesellschaft [Unreported, County Court at Winchester, 25 March 2021]
• Poundland Limited v. Toplain Limited [Unreported, County Court at Brentford, 7 April 2021]

Property Professionals: Big Sheds and Logistics

In the fifth episode of our Property Professionals podcast series, Eddie Richards, is joined by Kevin Mofid, head of logistics and industrial research at Savills and Kim Farley, a principal in the UK investment and leasing team at EQT Exeter. They come together to discuss:

• The key challenges facing operators and investors over the coming months
• How consumer trends have changed, and the impact on logistics space
• With the easing of restrictions, is the market going to be softening with regards to logistics investment?

Property Patter: “Holiday” listening for surveyors: what (non-COVID) news is there so far in 2021?

Whilst there has been plenty going on with property law related to COVID-19, there are still lots of “normal” property cases to be aware of.  In this podcast, Emma Humphreys, Laura Bushaway and Natalie Deuchar look at a few of the “business as usual” judgments which have been handed down so far this year.  Take a listen if you want to learn more...

Cases 

Forfeiture: Faiz and others v. Burnley Borough Council [2021] EWCA Civ 55
Forfeiture: Keshwala and Sharma v. Bhalsod and Bhalsod [2021] EWCA Civ 492 
Construction: Monsolar IQ Limited v. Woden Park Limited [2021] EWCA Civ 961
Construction: Arnold v. Britton [2015] UKSC 36
Mistake: Chartbrook Limited v. Persimmon Homes Limited [2009] UKHL 38
Break Clauses: Capitol Park Leeds Plc v. Global Radio Services Limited  [2021] EWCA Civ 995

Untangling the UK/Swiss Knot: Dealing with a cross border estate (Swiss person with UK connections)

This is the story of Heidi who is Swiss, and Henry, a Brit. In this podcast series we explore issues faced by this international couple, their businesses and their assets in a UK/Switzerland cross-border context. We will follow their story in good times and in bad times, to untangle the legal knots and help them spot opportunities.

Sad news for the family, Heidi’s aunt has died. What do the family need to think about following the death of a Swiss person with some UK connections? We look at the taxes and the succession issues.

Property Patter: dealing with COVID-19 arrears and the future of commercial tenancy relationships

The recent government announcement extending the restrictions (yet again) on landlords' remedies for recovering commercial lease arrears contained a few surprises.  So what is the position with those remedies at present, how is the government’s Code of Practice being treated by the courts and what are the government’s plans for dealing with pandemic arrears and commercial tenancy relationships?

For information on the current restrictions on landlords’ remedies, please also see:

Commercial rent arrears: what are the latest restrictions on landlords’ remedies this quarter day?

For information on the government’s announcement about its plans for dealing with COVID-19 arrears see:

Commercial rent arrears - the burden of the pandemic remains with landlords

The cases referred to in this podcast are:

Commerz Realinvestmentgesellschaft mbh v TFS Stores Limited [2021] EWHC 863 (Ch)

Lockdown rent arrears: the High Court gives its (summary) view

Lockdown arrears: the High Court gives its view

Bank of New York Mellon (International) Limited v Cine-UK Limited [2021] EWHC 1013 (QB)

Risk allocation in commercial leases: the High Court considers rent suspension, insurance and frustration arguments

Property Patter: The Electronic Communications Code – what are the current issues with negotiating telecoms agreements?

Emma Humphreys and Georgina Muskett are joined by Allison Mullen of Telemaster to discuss some of the practical issues arising out of the Electronic Communications Code.  The “new” Code has been in force since December 2017 and, although it was supposed to speed up the roll out of electronic communications apparatus, it is generally acknowledged that it has led to stagnation in the market.  So what are the barriers to concluding telecoms agreements?  Our discussion looks at issues such as:

• Rents under the new Code
• Rights of access to buildings (especially rooftop sites)
• The challenges of defining “equipment” in Code agreements
• Recent Tribunal decisions in respect of operators’ rights to upgrade and share equipment

 

(1) EE Limited (2) Hutchison 3G UK Limited v The London Borough of Islington [2019] UKUT 0053 (LC)

Cornerstone Telecommunications Infrastructure Ltd v Compton Beauchamp Estates [2019] UKUT 107 (LC) CTIL v University of the Arts London [2020] UKUT 248 (LC) (subsequently appealed to the Court of Appeal and awaiting the outcome of a further appeal to the Supreme Court)

Cornerstone Telecommunications Infrastructure Ltd v London & Quadrant Housing Trust [2020] UKUT 282 (LC) (also referred to as “Maple House”)

Cornerstone Telecommunications Infrastructure Ltd v University of the Arts London [2020] UKUT 248 (LC)

On Tower UK Ltd v JH & FW Green Ltd [2020] UKUT 348 (LC)

Property Patter: the whys and wherefores of receivership

Landlords will sometimes come across a receiver being appointed over a tenant company's assets, or may even find their own assets subject to such an appointment.  So, what is a fixed charge receiver, what are their powers and how is COVID-19 likely to affect receivership appointments?  The answers are provided by property insolvency specialists Emma Humphreys and Bethan Cunniffe with expert input from Tony Guthrie, a Partner at Gerald Eve who is often appointed as a fixed charge (LPA) receiver.