We have two cases involving members of chambers that have been included in the EG (Estates Gazette) Top 10 Cases of 2022. We are very pleased that our cases have taken the first and third slots of the year.
In third position was Cornerstone Telecommunications Infrastructure Ltd v Compton Beauchamp Estates Ltd  UKSC 18 (22 June 2022). The landmark case concerning the interpretation and application of the new communications code and its transitional provisions (introduced by the Digital Economy Act 2017). This was the first time that the Supreme Court had been afforded the opportunity to consider the highly contentious legislation, and an equally contentious decision of the Court of Appeal in Cornerstone Telecommunications Infrastructure Limited v. Compton Beauchamp  EWCA 1755.
Justin Kitson appeared for the Appellant instructed by Alicia Foo at Pinsent Masons.
In the top spot this year was Bank of New York Mellon (International) Ltd v Cine-UK Ltd  EWCA Civ 1021 (27 July 2022). The appeal was heard by a panel led by the Chancellor of the High Court, Sir Julian Flaux, in view of its legal and practical significance. The Court of Appeal was unanimous in holding that there was no failure of the basis upon which rent was due.
The case concerned Picturehouse’s flagship venue in central London. Picturehouse claimed that it was not obliged to pay rent in respect of those periods during lockdown when it was illegal to open the premises. Nicholas Trompeter KC and Chris de Beneducci, instructed by Julian Johnston of Druces, represented the successful respondent landlord following Nicholas’ success at first instance.
The full EG Top cases of 2022 Podcast is available now to listen to on Spotify and PodBean.