The incidence of business lease renewal claims being listed and vacated, usually at the last minute (whether due to settlement or unpreparedness), is causing havoc with the listing at CLCC and preventing other cases from being heard.
Following consultation with the Property Bar Association and Property Litigation Association, the standard directions have been amended. The key change is that, save in Fast Track low rent differential cases, the claim will not be considered for listing for trial until the PTR, at which stage it can either be listed or further directions given.
Lease renewals will not be transferred to the Chancery list.
Unopposed renewals will be docketed to a resident District Judge, unless released. Ordinarily, costs budgeting will not apply. They will be tried by a Circuit Judge.
Opposed renewals will be docketed to a Circuit Judge, who will cost and case manage the case, and, ordinarily, try it.
The Property Bar Association has been assured that once the decision to list is made, the trial can be accommodated within 3-4 months.
Marc Glover has been instructed as Prince Hussam's lead counsel in the dispute since 2023, having taken over from John Wardell KC (Wilberforce). Peter Arden KC (Erskine Chambers) and Geraint Jones KC (3 Paper Buildings), were engaged with Marc in the Petition hearing, along with Tanfield’s Hugh Rowan. Marc and Hugh were assisted Sami Allan, Pupil Barrister at Tanfield Chambers. Stephen Moverly-Smith KC (XXIV) and Adam Baradon KC (Blackstone) acted on behalf of MTC.
After years of talk on meaningful reform, will 2025 be the year that things begin to change?
