Charles Russell Speechlys Podcast Channel

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.

Mock Conference with Counsel - part 2

We are delighted to present a podcast series detailing a mock conference with counsel dealing with insurance claims under a construction contract, complex issues of delay and finding commercial solutions for your clients.
 
The mock-conference will be split into two 30-minute bite-sized podcasts and will see counsel advising a high-end developer client in the context of:

• Specified Perils,
• Delays, and
• Insurance claims.

The podcasts will give an authentic insight into common challenges facing developer clients and will explore how to get the best outcome in the face of thorny contractual and practical issues.

Our Speakers include Rupa Lakha, Partner at Charles Russell Speechlys and Jennie Wild and Charlie Thompson of Keating Chambers.

Property Patter: the news so far on landlord challenges to retail CVAs

Roger Elford and Dan Moore of our Corporate Restructuring & Insolvency Team are back with Emma Humphreys to review some of the recent high-profile landlord challenges to tenant CVAs (Corporate Voluntary Arrangements), as well as looking at Virgin Active's use of the new restructuring arrangement introduced by the Corporate Insolvency and Governance Act 2020.  Is the British Property Federation correct to describe it as setting a dangerous precedent?
 
This podcast looks at the following decisions:
 
Lazari Properties 2 Limited & Ors v New Look Retailers Limited & Ors [2021] EWHC 1209 (Ch)
 
Re Regis UK Limited [2021] EWHC 1294 (Ch) 
 
Re Virgin Active Holdings Ltd, Virgin Active Ltd and Virgin Active Health Clubs Ltd [2021] EWHC 814 (Ch) (convening) and [2021] EWHC 1246 (Ch) (sanction)

The Nature and Prevalence of Pro Bono Partner Roles Globally hosted by DLA Piper

A conversation with four Pro Bono Partners recently promoted in the last 12 months:

• Kerry Stares, Charles Russell Speechlys
• Yasmin Waljee OBE, Hogan Lovells
• Brooke Massender, Herbert Smith Freehills
• Claire Donse, DLA Piper

Property Patter: what’s the latest in the world of Essential Residential?

The Government continues to be very active in its proposals for reforming the law affecting the development, ownership and management of residential and mixed use property. Following on from the Queen’s Speech in May, what are the likely changes to ground rents, how is commonhold going to be encouraged and will ASTs ever return to a straightforward 2 month termination process? To discuss these issues and more, Emma Humphreys is joined by two of our residential property specialists, Lauren Fraser and Laura Bushaway.

 

Aster Communities v. Chapman and Others [2021] EWCA Civ 660:

https://www.bailii.org/ew/cases/EWCA/Civ/2021/660.html

Mock Conference with Counsel - part 1

We are delighted to present a podcast series detailing a mock conference with counsel dealing with insurance claims under a construction contract, complex issues of delay and finding commercial solutions for your clients.
 
The mock-conference will be split into two 30-minute bite-sized podcasts and will see counsel advising a high-end developer client in the context of:

• Specified Perils,
• Delays, and
• Insurance claims.

The podcasts will give an authentic insight into common challenges facing developer clients and will explore how to get the best outcome in the face of thorny contractual and practical issues.

Our Speakers include Rupa Lakha, Partner at Charles Russell Speechlys and Jennie Wild and Charlie Thompson of Keating Chambers.