LISTEN: Kim Clifford, senior associate at Ashurst, joins Jess Harrold to discuss the significant High Court decisions in Commerz Real Investmentgesellschaft mbH v TFS Stores Ltd and Bank of New York Mellon (International) Ltd v Cine-UK Ltd and others – in which landlords won summary judgment in their claims for unpaid rent during the pandemic.
In an under 25-minute podcast, Clifford explains how a procedure that was once a last resort for landlords became the only avenue for redress, as a result of the moratorium on other proceedings. She outlines how the process works and why, even once judgment is secured, that isn’t the end of the road.
She offers a clear, straightforward rundown of the “kitchen sink” of arguments advanced by way of defence by the tenants, and how the High Court masters dealt with each of them.
