Articles

MODE OF DISMISSAL

MEANING

Bowled  (Law 32)

A business “put down” by the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020, regs 4/5.

Caught  (Law 33)

1. A landlord trapped by statute from enforcing its rights and remedies (see also Law 37 below).
2. A tenant precluded by the 2020 Regulations from operating its business.
3. A person discovered breaking “lockdown” without reasonable excuse.

Hit the Ball Twice  (Law 34)

A wilful second strike at the target when the first is inadequate: see PD 51Z and its almost immediate amendment.

Hit Wicket  (Law 35)

Self-inflicted pain for landlords caused by “aggressive debt collection”, consequential business failures and resultant statutory restrictions on insolvency remedies.

LBW  (Law 36)

Life Before (the) WHO (declared the pandemic).

Obstructing the Field  (Law 37)

The myriad impediments besetting the usual playing field, including: (a) the Coronavirus Act 2002, s.81 (residential tenancies protection from eviction); (b) s.82 (business tenancies protection from forfeiture); (c) the Taking Control of Goods and Certification of Enforcement Agents (Amendment) (Coronavirus) Regulations 2020 (CRAR); (d) PD 51Z (stay of possession proceedings); (e) the promised Corporate Insolvency and Governance Bill (winding-up).

Run Out  (Law 38)

A reasonable excuse for being out of one’s ground: 2020 Regulations, reg.6(2)(a).

Stumped ( Law 39)

The legal uncertainty regarding the impact on leases of Coronavirus related legislation e.g. frustration, force majeure, rent suspension, covenant release; yielding up vacant possession; execution of deeds in the era of social distancing.

Timed Out  (Law 40)

What the Coronavirus Act 2020 and its associated legislation and the various moratoria will be when the emergency period is over.

Retired Out

1. The fate of, or likely for, some businesses because of coronavirus.
2. One’s professional predecessors who declared their innings at a propitious time.