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ARTICLE · 20 OCTOBER 2014

Court Reforms And Arbitration: Courting Disaster

Fieldfisher
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Three recent cases reveal the difficulties practitioners face in understanding how the law will be applied by the courts.

United KingdomReal Estate and Construction
Owain Davies
Owain Davies

Three recent cases reveal the difficulties practitioners face in understanding how the law will be applied by the courts. In addition to these difficulties, the courts' new procedural rules, introduced by Lord Justice Jackson and which came into effect in April 2013, have led to practitioners extolling the virtues of alternative means of dispute resolution.

Game

Jervis v Pillar Denton Ltd [2014] EWCA Civ 180; [2014] EGILR 25 (Game) concerned tenants in administration and when rent should be payable as an expense of the administration. Game overturned the earlier High Court decisions in Goldacre (Offices) Ltd v Nortel Networks UK Ltd [2009] EWHC 3389 (Ch); [2010] 1 EGLR 25, Leisure Norwich (II) Ltd v Luminar Lava Ignite Ltd (in administration) [2012] EWHC 951 (Ch), and the first instance decision in Game (where the court followed Goldacre and Luminar, but granted permission to appeal).

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