Charles Russell Speechlys Podcast Channel

Property Patter: Break Options – The Top 5 Traps

Leases often contain a break clause, allowing either or both parties to achieve early termination. Whilst these clauses often appear straightforward, complying with their requirements can be tricky and the implications of failing to exercise a break option can be costly.  In this podcast, Lauren Fraser discusses our top 5 tips for exercising break options with Richard Flenley and Emma Preece, who also share their experiences of some of the more unusual break situations they have come across.

Sustainable Rural Estate Management – The Penpont Project

In this podcast, Charles Russell Speechlys Partner Christopher Page talks to members of the Hogg family about what managing the Penpont estate in a responsible and sustainable way means to them.

Listen for an insight into the thinking behind the Penpont Project – one of the world’s largest youth-led conservation schemes – and a modern take on the centuries old concept of stewardship.

Property Patter: Just how protected are Rent Act and Assured Tenants?

Landlords of residential property can still come across Rent Act and Assured Tenancies, and can struggle with the difficulties they can cause when it comes to regaining possession. Emma Humphreys and Joseph Green are joined by Richard Granby of Tanfield Chambers to look at how and when can courts be persuaded that tenants are no longer entitled to enjoy the protection of these tenancies.

The cases referred to in this podcast are:

• M Brown Limited v. Bestwick [1951] 1 KB 21
• Tickner v. Hearn [1961] 1 All ER 65
• Richards v. Green [1984] 11 HLR 1
• Moreland Property v. Dhokia [2003] EWCA Civ 1639
• Gofor Investments v. Roberts [1975] 1 WLUK 727

Sustainability Leaders: Colin le Duc, Generation Investment Management

In 2021 we were proud to promote Kerry Stares as our Responsible Business Partner, reflecting how critical responsible business and environmental, social and governance (or ESG) issues are for the success and sustainability of our firm and how critical they are for our clients.

Kerry works with stakeholders across our business to understand and improve our own environmental and social impact as a business. She works with our clients to understand their ESG priorities and to ensure that we are providing them with the right advice and support, both in our traditional role as advisors and as business partners. She also works with our intermediaries and wider networks to explore opportunities for thought leadership and collaboration in the complex and fast moving world of ESG.

Kerry’s conversations are so rich in insights from our clients and intermediaries - many of whom are true sustainability leaders - that we decided to record and share them as a podcast series.

We hope that you enjoy and find them useful – please share your feedback.

The next episode in this series is a conversation with Colin le Duc, founding partner of Generation Investment Management, one of the world’s leading sustainable investment funds. Kerry and Colin discuss all things sustainable investment, including why, in Colin’s view, the commercial case for taking a sustainable approach to business and investment is definitively made, the pressing challenge of greenwashing, the increasing pressure on private companies to demonstrate strong ESG credentials and the future of ESG law and regulation.

Sustainability Leaders: Peter Dickinson, Mitie Group Plc

In 2021 we were proud to promote Kerry Stares as our Responsible Business Partner, reflecting how critical responsible business and environmental, social and governance (or ESG) issues are for the success and sustainability of our firm and how critical they are for our clients.

Kerry works with stakeholders across our business to understand and improve our own environmental and social impact as a business. She works with our clients to understand their ESG priorities and to ensure that we are providing them with the right advice and support, both in our traditional role as advisors and as business partners. She also works with our intermediaries and wider networks to explore opportunities for thought leadership and collaboration in the complex and fast moving world of ESG.

Kerry’s conversations are so rich in insights from our clients and intermediaries - many of whom are true sustainability leaders - that we decided to record and share them as a podcast series.

We hope that you enjoy and find them useful – please share your feedback.

The first episode in the series features Peter Dickinson, General Counsel and Chief of Staff at facilities management and professional services company Mitie Group Plc. Kerry and Peter – a self-confessed ‘sustainability evangelist’ - discuss the value proposition of ESG, the evolution of Mitie’s approach and its increasing expectations of its suppliers, including law firms.  

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?