Covid rent; Damp pays; Heavy breathing; New court; Acting for both sides; Permission for absence
LJJs AT THE MOVIES
Cinema lessees have failed in their attempts to avoid liability for rent during closure of their premises which could not be used because of the pandemic. In Bank of New York Mellon (International) Ltd v Cine-UK Ltd and another case [2022] EWCA CIV 1021, [2022] All ER (D) 10 (Aug) the Court of Appeal rejected arguments that implied terms and failure of basis (formerly known as failure of consideration) let the lessees off the hook.
DAMP UPLIFT
General (not special) damages for breach of a repairing covenant do attract a 10% Simmons v Castle uplift (by way of compensation for the success fee which the claimant tenant’s lawyer is entitled to be paid by their client but which cannot be recovered from the landlord). That was Khan v Mehmood [2022] EWCA Civ 79.
PHEW X 63,864
One in 736 adults entered a breathing space moratorium under the debt respite scheme
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