Speakers' Corner

The case of Rotrust Nominees Ltd v Hautford Ltd confirms that there is no general proposition that a landlord will be entitled to refuse consent to assign, or alter, or change the planning use of the demised premises on grounds of feared enfranchisement and the consequent loss of the landlord’s interest under the Leasehold Reform Act 1967.

The importance of alternative dispute resolution in modern day practice cannot be overstated. The means by which the courts have incentivised ADR is twofold; being both direct and indirect. The direct means is by penalising parties who have shown a failure to have due regard to ADR through the litigious process. The indirect method is by reducing recoverable costs such that even victory comes at a cost.

Guy Fetherstonhaugh QC, Falcon Chambers

Philip Sissons, Falcon Chambers

Philip Sessions, Falcon Chambers

Stephanie Tozer, Falcon Chambers

Caroline Shea QC, Falcon Chambers

Joseph Ollech, Falcon Chambers

Mark Galtrey, Falcon Chambers

Charles Harpum, Falcon Chambers