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Landlord and tenant – Assignment of lease. The defendants had leased premises from the claimant company. The defendants wished to leave the premises and assign the lease to a third party (TCA). TCA moved in to the premises and paid the rent. The defendants signed a deed of transfer and left it with their solicitor, who also acted for TCA. When TCA left the premises, the claimant sought payment of rent from the defendants and the defendants counterclaimed for a declaration was no longer vested in them following its assignment to TCA. The Recorder held that there had never been an effective assignment of the lease, that the claimant was not estopped from asserting that the defendants had remained its tenants and that the claimant was not precluded from asserting that the defendants were liable under the covenants contained in the lease. Further, he found that there the parties had never acted upon any common assumption that TCA had been assignee. The Court of Appeal, Civil Division, dismissed the defendants' appeal on the ground that, on the facts as found by the Recorder, his conclusions were unassailable.
Landlord and tenant – Assignment of lease. The defendants had leased premises from the claimant company. The defendants wished to leave the premises and assign the lease to a third party (TCA). TCA moved in to the premises and paid the rent. The defendants signed a deed of transfer and left it with their solicitor, who also acted for TCA. When TCA left the premises, the claimant sought payment of rent from the defendants and the defendants counterclaimed for a declaration was no longer vested in them following its assignment to TCA. The Recorder held that there had never been an effective assignment of the lease, that the claimant was not estopped from asserting that the defendants had remained its tenants and that the claimant was not precluded from asserting that the defendants were liable under the covenants contained in the lease. Further, he found that there the parties had never acted upon any common assumption that TCA had been assignee. The Court of Appeal, Civil Division, dismissed the defendants' appeal on the ground that, on the facts as found by the Recorder, his conclusions were unassailable.
Update from the Chair of the Bar
By David Green
Mário Barroso, Head of R&D and Method Development at AlphaBiolabs, examines the forensic science underpinning hair drug testing, its evidential scope and limitations, and why it remains the gold standard for evidencing patterns of drug use in family proceedings
Unlocking your aged debt to fund your tax in one easy step. By Philip N Bristow
Clement Cowley, Partner at The Penny Group, discusses the upcoming changes to pensions and Inheritance Tax and the potential impact on your financial future
Save the Children UK is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
The Chief Legal Officer to the Metropolitan Police, barrister Brett Welch, tells Anthony Inglese CB about his mission and the work to turn the Met around
Barrister apprenticeships – shortly to provide the fourth pathway to the Bar – are an ideal opportunity to support local talent and ‘grow your own’, say Tim Coulson and Dr Jane Dennehy
Born from a grievance, their research project grew into a book and is now challenging the status quo. Emma Price and Emma-Louise Fenelon reveal the key findings – and the critical next steps
Grok around and find out – or not? Mariya Peykova investigates the nudification scandal, what the law has to say about sexually explicit deepfakes, and whether stronger regulation is needed
Oliver Lewis spotlights an overlooked yet rapidly evolving area of law – coercive and controlling behaviour within care contexts
