Articles

On 11 July 2022 the Court of Appeal allowed Nectrus Limited’s second application under CPR 52.30. The previous decision of another Court of Appeal Judge was affected by apparent bias and the Judge should have recused himself, and exceptional grounds were made out to justify re-opening the appeal. What are the key points to take-away from the case?

• Edward Blakeney

Guy Fetherstonhaugh QC and Elizabeth Fitzgerald, instructed by Mishcon de Reya LLP, acted for Bank of New York Mellon in successfully resisting the appeal to the Court of Appeal by Cine-UK Limited - [2022] EWCA Civ 1021. Guy and Elizabeth have provided a summary below.

The intention of this newsletter – with each edition co-edited by two members of chambers, one who acts primarily for site providers and one who acts primarily for operators – is to provide insights three or four times a year into developments in the telecoms world of interest to solicitors, agents and surveyors.

• Toby Boncey
• Fern Schofield

Edwin Johnson J has handed down judgment in Valley View v NHS Property Services Ltd [2022] EWHC 1393. Jonathan Gaunt QC, Nathaniel Duckworth and Gavin Bennison acted for the successful landlord in these five ‘test cases’ which considered whether GP tenants are liable to pay service charges to their NHS landlord.

• Jonathan Gaunt KC
• Nathaniel Duckworth
• Gavin Bennison

Challenging a breathing space moratorium: West One Loan Limited v Salih

• Thomas Rothwell