Estates Gazette Property Podcasts

On the Case: Duval heads to the Supreme Court

Ahead of the Supreme Court hearing of the appeal in Duval  v 11-13 Randolph Crescent Ltd [2018] EWCA Civ 2298; [2018] PLSCS 177 on 10 October, Laura Bushaway - a knowledge development lawyer at Charles Russell Speechlys LLP - explains the significance of the case to landlord and tenant law.

Duval raises the question: Is a landlord of a block of flats entitled, without breach of covenant, to grant a licence to a lessee to carry out work which would breach an absolute covenant contained in a lease of her flat, where the leases of other flats on similar terms require the landlord to enforce covenants at the request of a lessee of one of those other flats?

Bushaway addresses the arguments involved, how the lower courts have handled the case before now, and the impact the Court of Appeal's judgment will have if ultimately upheld by the Supreme Court.

 

Joanne Wicks QC talks Franses, EMA and life at the property bar

EG's deputy legal editor Jess Harrold meets with leading property law silk Joanne Wicks QC to discuss her highly successful career - including her recent high-profile courtroom victories in two of the most significant cases of recent years.

Wicks shares her thoughts on the impact of S Franses Ltd v Cavendish Hotel (London) Ltd [2018] UKSC 62; [2019] EGLR 4 in the landlord and tenant sphere; and also on Canary Wharf (BP4) T1 Ltd v European Medicines Agency [2019] EWHC 335 Ch; [2019] EGLR 17 - the Brexit frustration case.

In addition, she discusses what drives her as a barrister, and what it is like to win - and lose - a big case. Plus, Wicks addresses her mediation work, her role as chair of the Property Bar Association - and what she gets up to in her free time. 

EG Question Time: The Greta Thunberg effect at Manchester QT

There was a time, not too long ago, that adults used to live by the motto that young people were to be seen but not heard.

Now, we live in a world where this mantra has been flipped on its head.

Generation Z has quite simply had enough. They are organising among themselves a truly global movement, campaigning against the actions of the older generation, holding them to account on issues from climate change to socials injustices.

Adults, supposed to be role models and bastions of progress, are now turning to young people for their leadership and inspiration on how to tackle the world’s hardest questions and greatest challenges.

Those who attended EG’s Manchester Question Time will have observed this Greta Thunberg effect in action.

On a panel of speakers including Manchester night-time economy adviser Sacha Lord, Get Living director of neighbourhoods, Ian Gibbs and Savills’ head of office, James Evans, sat Emma Greenwood, Bury Youth MP. As EG editor Samantha McClary said, Greenwood, who at 15 is not even old enough to drive a car, stole the show.

She provided not only a refreshing, but crucially important, view on how real estate affects young people – for better and for worse.

Listen in for a keynote from Greater Manchester mayor Andy Burnham on his vision for the region followed by a unique and inspiring QT debate.

 

Bricks & Mortar: Operating an effective lease break

Break clauses detail the ability of either party to a lease to be able to terminate the agreement. But operating them is far from straightforward.

A substantial body of case law - built up over many years - governs their operation and continues to evolve. That case law imposes strict compliance with the conditions of the lease and, as a result, the potential for disputes is high.

To help guide listeners through the potential minefield is property litigator, Helena Davies, a partner at Brabners in Manchester. She joins Sarah Jackman to discuss the importance of the break clause to the commercial lease, the things that parties need to be aware of when drafting and how strict compliance with the conditions of the lease is crucial.

Making scents: Inside retailer Lush’s store strategy

The rise of e-commerce has meant that high street retailers are throwing down the gauntlet on creating memorable store experiences – and perhaps none have stood out more than bath bomb retailer Lush.

While famous for pioneering technology in its shops and for its ethical campaigns, its store estate has faced many of the pressures affecting the industry. Like its retail peers, it is navigating how to manage its environmental impact, deal with landlord expectations and balance costs with investment into its experiences, to name a few.

In this podcast, EG’s retail correspondent Pui-Guan Man sits down with Paul Wheatley, Lush’s global property director, to talk about how the retailer is repositioning its 928-store portfolio, its expansion plans and how it is tying physical and digital sales together.

On the Case: The Debenhams CVA challenge explained

EG's deputy legal editor, Jess Harrold, joins Julie Gattegno, partner at CMS, to discuss the High Court challenge to the Debenhams CVA in Discovery (Northampton) Ltd and others v Debenhams Retail Ltd and others [2019] EWHC 2441 (Ch); [2019] PLSCS 186.

Gattegno offers detailed analysis of each of the five grounds pursued by the landlords in the case, and how the judge dealt with each.

She explains how much clarity the decision has brought to the law in the current high street climate, addresses what ground remains for other landlords to challenge retail CVAs - and considers whether more needs to be done to strike a fair balance between the competing interests of struggling retailers and their landlords.

Hope or fear? How the built environment needs to approach the climate challenge

Real estate’s role in helping to protect and/or destroy the planet on which we live is well known. The impact that buildings, development and the way we work, live and play have on the earth is a well told story. But only in recent months has it become such headline news. Only over the past few months has the clock started ticking loud enough for people to sit up and start to take real action.

In this podcast, EG editor Samantha McClary sits down with Louise Ellison, head of sustainability at Hammerson, Ed Gabbitas, founder and director of EVORA Global, and Sarah Ratcliffe, chief executive of the Better Buildings Partnership, to will talk about what action is being taken, what needs to be done next, how industry needs to work together to facilitate real change and whether as an industry we should be united in hope that measures can be taken to make sure we secure a future for the next generations or whether should we fear a future where the damage already done to the environment will mean mass migration, destruction of places, a broken economy and an impossible future for our children’s children.

EG Question Time: Is Dublin in danger of the San Fran effect?

Tech workers may struggle to afford homes in San Francisco, but in Dublin they often can’t even find a room to rent. Although the Irish capital is actively and successfully attracting skilled migrants, it is also criticised for failing to offer them adequate accommodation.

Listen to panelists at EG’s Dublin Question Time discuss the city’s ongoing housing crisis.

Bricks & Mortar: How to develop and progress in your career

"Take control of your career, because no one else is going to do it for you” says Jo Owen, partner at law firm Proskauer and this week’s guest on Bricks & Mortar. She joins Sarah Jackman to look back on her career to date and to reflect on the things that have enabled her to develop it.

She discusses the value of a mentor, grasping opportunity, being proactive and building a professional network. She also considers how good clients can bring great joy to the working day and provide exposure to different experiences, which can help to expand your skill set. Ultimately though, “you have to find your passion. Your career is – hopefully – going to last for many years and you want to enjoy it.”

Future of Real Estate: Derwent’s new man on where he sees opportunity

The Future of Real Estate podcast is back from its summer break with bang. Derwent London’s Paul Williams talks to Damian Wild about taking over as chief executive of London’s most admired developer, how the business is embracing the sustainability agenda and, after another extraordinary week in Westminster, where he sees opportunity in uncertain times.