Part II of the Landlord and Tenant Act 1954 (LTA 1954) grants security of tenure to business tenants unless its provisions are contracted out. This means that a business lease will not expire by effluxion of time but will be continued as a statutory tenancy unless and until brought to an end in accordance with the provisions of LTA 1954 or when a new lease is granted by the court on the application of either the landlord or the tenant or when the lease is determined by surrender or forfeiture. A landlord is entitled to terminate a business tenancy to which LTA 1954, Part II applies by serving a notice in accordance with section

HM Courts & Tribunals Service (HMCTS) has published a blog post, written by Mark Stewart, on how local court initiatives have made a difference to the courts recovery after the coronavirus (COVID-19) pandemic. Stewart discusses how the HMCTS staff worked with others to increase court capacity, the modifications made to cases with multiple defendants, how fraud cases were dealt with throughout the pandemic, how access to justice was improved and the creative ways found to increase Crown Court work. Steward concluded with praising the commitment, creativity and determination of HMCTS staff.

The House of Commons Library has published a report examining the legal mechanisms used to implement Coronavirus (COVID–19) restrictions in the UK. The report details how authorities employed both ‘hard law’ measures through criminal sanctions under the Public Health (Control of Disease) Act 1984 (PH (CD)A 1984) and ‘soft law’ guidance. It highlights challenges in implementation, including confusion between mandatory rules and advisory guidance and enforcement difficulties.

The Environment Agency (EA) has released guidance on spreading slurry or milk on land, or storing slurry in the context of the coronavirus (COVID-19) outbreak. Although ordinarily individuals who spread slurry or milk or store slurry are required to comply with certain regulatory requirements, the EA is temporarily easing regulation of these activities, provided that the conditions in its regulatory position statement (RPS) C12 are followed. Reliance on the RPS C12 is only permitted if individuals are unable to comply with regulations because of coronavirus-related challenges. A written agreement must be sought from the EA before it is used. The RPS C12 will be withdrawn on 30 September 2020 unless extended.

The Cabinet Office has reported that it met with the UK’s key intelligence allies to help coordinate the fight against coronavirus (COVID-19) fraud. It said that Cabinet Office Minister, Georgia Gould, will lead the meeting with top officials from the UK's key intelligence partners Australia, Canada, New Zealand, and the United States to share strategies for combating coronavirus-related fraud. This Five Eyes alliance meeting intends to exchange best practices on detecting, recovering, and prosecuting pandemic-related fraud. The insights gained will inform the Public Sector Fraud Authority's ongoing efforts to enhance fraud prevention, detection, and recovery across government departments. This meeting is the main event of the International Public Sector Fraud Forum's fourth summit, currently taking place in London.

The Ministry of Justice (MoJ) has announced the opening of two additional nightingale courts, located in Bristol and Chester respectively, with a further three nightingale courts to open by the end of October 2020. Additionally, portable jury rooms have been erected in Bradford, Hull and Leeds Crown Courts which will facilitate jury trials to be heard across eight courtrooms. The aim of these courts is to boost capacity and accelerate individuals’ access to justice while adhering to the coronavirus (COVID-19) rules and restrictions.

The Crown Prosecution Service (CPS) has announced the prosecution of an accountant for defrauding multiple coronavirus (Covid-19) support schemes. Zeeshan Ashraf has been sentenced to three years and eight months in prison after pleading guilty to five counts of fraud under the Fraud Act 2006. Ashraf fraudulently claimed £268,102.07 and attempted to claim an additional £52,732.66 from various pandemic support initiatives, including the 'Eat Out to Help Out' scheme, from which he swindled £26,928. The CPS emphasised its commitment to pursuing fraudsters who exploit government support grants and loans, and will seek to recover the remaining fraudulent gains to return them to the public purse.

This Q&A alludes to the definition of ‘protected rent’ in section 3(2) of the Commercial Rent (Coronavirus) Act 2022 (CR(C)A 2022). This provides that rent is ‘protected rent’ if, among other things, ‘the tenancy was adversely affected by coronavirus (COVID-19)’ (see CR(C)A 2022, s 4). CR(C)A 2022, s 4 provides that a tenancy was ‘adversely affected’ if, for any period between 21 March 2020 and 18 July 2021 (in England, or 7 August 2021 in Wales)—‘(a) the whole or part of the business carried on by the tenant at or from the premises comprised in the tenancy, or (b) the whole or part of those premises, was of a description

We have assumed that the question refers to a hypothetical winding-up petition presented as at the time of writing, and not at any earlier date. We therefore do not address the position in relation to a winding-up petition heard as at the time of writing, but having been presented prior to 1 October 2021. As is well-known, the coronavirus (COVID-19) pandemic prompted the passing of legislation which placed (and continues to place) restrictions on the presentation of winding-up petitions. Those restrictions are found in Schedule 10 to the Corporate Insolvency and Governance Act 2020 (CIGA 2020). So far as

The Secretary of State for Business, Energy and Industrial Strategy, Alok Sharma has written to those working in the construction sector, thanking them for their 'invaluable contribution’ to the UK economy since the outset of the coronavirus (COVID-19) pandemic. Sharma paid tribute to workers and expressed admiration for the work they are doing. Sharma added that construction workers have performed a ‘vital role’ in the past six months in building the Nightingale Hospitals, accelerating delivery of infrastructure projects, supporting vital public services, and helping the country adapt to make their buildings coronavirus secure.

The doctrine of frustration is applied by the courts rarely and narrowly. The High Court took the view in March 2019 that, in similar circumstances presented by Brexit, the doctrine could not be applied.  The leading case was determined in March 2019, Canary Wharf (BP4) T1 Ltd v European Medicines Agency. The facts of that case were that in 2011, the parties had signed an agreement for lease for the then unbuilt premises. They signed a 25-year lease in 2014. In 2017, the UK notified the EU of its intention to withdraw from the EU. The European Medicines Agency was the tenant.  Capacity to hold the tenancy One of the difficulties in Canary Wharf was that if the tenant were to remain in London then it would lose its protections and immunities granted under EU Law. However, it remained capable of holding

It is assumed that the Practice Direction Pre-Action Conduct and Protocols (the Practice Direction) applies to the claim in question, rather than any of the specific pre-action protocols. The Practice Direction sets out the conduct usually expected of parties prior to the issue of proceedings. It includes provisions that will apply in all cases, but is specifically stated to apply if none of the other more specific protocols are relevant to your claim. For details of all the pre-action protocols, see Practice Note: The pre-action protocols and when they apply. As set out in paragraph 6 of the Practice Direction, the claimant should usually write to the defendant before commencing proceedings to set out the details of their claim, including: • the basis on which the claim is made • a summary