EG 06-06-20

News - p.12 Travelodge is filing for a CVA to sidestep paying half its rent, international investors are buying into UK REITs while their shares are cheap following their drop in price caused by Covid, 73% of the global workforce wants to keep working from home on some level post-covid, social distancing requirements changing office layouts, and even widening pavement layouts, a move from London to the regions, more stair use and less use of lifts, 

PP 28- Excellent ‘Wellness’ section about how to cope with the pandemic mentally and also precautions or working patterns, how to cope, being kind 

p.42 Excellent summary of the main points of the Corporate Insolvency & Governance Bill, and the likely impact on Ls & Ts. Statutory demands, the Moratorium, Restructuring Plan, Prevention of suppliers terminating contracts for supply because of an insolvency event, etc. There will be a lot on this in the coming weeks.

Listen to the EG podcast on the Corporate Insolvency and Governance Bill at, or on any of your favourite podcast players, including Apple and Spotify.

p.45 Apparent Bias. The extraordinary recent case of the Housing Secretary of State, Robert Jenrick, granting permission for a Canary Wharf development  which  saved a Conservative party donor and developer £40M in CIL and then admitting bias!! 

p.46 Berkeley Square Holdings v Lancer Property Asset Management [2020] EWHC 1015. The decisions held that  ‘without prejudice’  admissions or assertions in negotiations in a mediation could be used as evidence in later proceedings if the claim does not settle. The circumstances were complex but involved a side letter and allegations of fraud in a £30M dispute. Take care what you say in mediations.

p.47 Reconfigurating Workspace for Social Distancing. Looks at what will need to be done to allow workers to return to workspaces - kitchens, bathrooms, door opening systems, M&E, and the effect of the repairing covenant, statutory obligations clause and the possible requirement to re-instate at the end of the lease, plus the service charges increases that landlords will have to recover, the effect of caps on service charges, or the end for additional services, effect on permitted hours clauses if Ts want to extend working hours, obligations on L to provide heat and light to common areas, and so on..

p.48 Covid & the planning system. Themes include need to include wellbeing and health needs in planning decision making, travel plans, design codes, design and access statements, etc. Air quality, not having fast food takeaways near schools, and so on

p.49 Dill v SS Communities & Local Government [2020] UKSC 20. Bizarre but useful case on listed urns (or not)  in Petworth House in West Sussex. The urns were put on pedestals in the garden of a Grade II listed building, not attached to each other or the ground, and later sold by the owner. The Council said they were included in the listing as being either part of a building or within the curtilage. Held - no, in order to be a listed building the object must be both listed and a building 

p.50 Telecoms - on 2nd April the Govt issued “Cod-19 guidance for telecommunication infrastructure deployment in England”, permitting ore than 2 engineers to repair networks, and warning landowners of the crucial need to keep it all working in the midst of the pandemic, and the need to ensure access. Discusses risk assessment needs too

p.51 Collective Enfranchisement - LM Homes v Queen Court Freehold Company [2020] EWCA Civ 371. The target 5 blocks of residential flats were each independent self supporting structures though they appeared to be attached. A basement carpark ran under all of them and extended beyond the building footprint. In short ,L tried to deny the notice was valid as the plan edging  didn’t include the car park and also claimed the notice did not consist of a ’self contained building or part of a building as required under LRHUDA93. CA held it was included within the definition and that the plan could be amended. Illustrates the care and specialist advice needed when commencing such claims.
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