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Dowman Imports Limited v 2 Toobz Limited [2020] EWHC 291 (Comm) What are the practical implications of this case? Unjust enrichment This ruling affirms and refines the approach to restitutionary claims when services are supplied in anticipation of a contract being finalised: Four core questions must be addressed: has the defendant obtained a benefit? was that benefit gained at the claimant’s expense? was the enrichment unjust? are any defences available? If those questions are answered in the claimant’s favour, the court will determine the value of the unjust enrichment by objectively assessing the market value or price of the services, akin to a quantum meruit. The defendant might try to show that they personally valued the services below market rate (subjective devaluation) to cut down or defeat the claim. That attempt fails if the claimant proves either that: the benefit was incontrovertible; or the defendant requested or freely accepted the benefit ...
In this issue: Key DR developments Claims and remedies Costs and funding Cross-border disputes Injunctions Litigation Case management Civil appeals New content Dates for your diary Useful information Daily and weekly news alerts Key DR developments Online Procedure Rule Committee minutes Record of the OPR Committee meeting—14 April 2025: The record of the Online Procedure Rule Committee sitting on 14 April 2025 (held in a hybrid arrangement at The Rolls Building and via video-link) addresses a range of matters, including Ministry of Justice (MoJ) policy briefings, digital tools for Private Family Law, movement on the statutory instrument, the Inclusion Framework, the Pre-Action Model, and reports from sub-committees such as the Property and Possession Working Group. For more information, see News Analysis: Minutes of the OPR Committee meeting—14 April 2025...
This Practice Note outlines how the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 (MEES Regs 2015), SI 2015/962, affect both landlords and tenants of non-domestic private rented (NDPR) property. It explores the interface between the MEES Regs 2015, SI 2015/962 and the Landlord and Tenant Act 1954 (LTA 1954), considers challenges for landlords and tenants when subletting NDPR premises that are substandard, examines points arising for a landlord with a consent exemption on assignment, highlights due diligence considerations, and flags issues in real estate finance transactions where the asset is substandard (that is, holds an energy performance certificate (EPC) rating of ‘F’ or ‘G’). It forms part of our Practical Notes series on minimum energy efficiency standards (MEES). Under MEES Regs 2015, SI 2015/962, reg 27, a landlord must not let substandard NDPR property unless: 'relevant energy efficiency improvements' have been carried out (MEES Regs 2015, SI 2015/962, reg 29); or an exemption applies (consent, devaluation or temporary exemptions). ...
This Practice Note outlines the effect on both landlords and tenants of non-domestic private rented (NDPR) property of the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 (MEES Regs 2015), SI 2015/962, together with the exclusions and exemptions relevant to NDPR property. It forms part of our series of Practice Notes on minimum energy efficiency standards (MEES). MEES Regs 2015, SI 2015/962, reg 27 (prohibition on letting substandard NDPR property) Under reg 27, a landlord must not let substandard NDPR property unless: 'relevant energy efficiency improvements' are undertaken (MEES Regs 2015, SI 2015/962 reg 29), or one of the exemptions in MEES Regs 2015, SI 2015/962 chapter 4 (consent, devaluation or temporary exemptions) apply An exemption must be registered on the national PRS Exemptions Register (PRS Exemptions Register) before it can be relied on. The exemptions are set out below. While energy performance certificates (EPCs) are property specific (rather than tied to any individual owner) and are valid for...
This Practice Note considers how the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 (MEES Regs 2015), SI 2015/962, affect both landlords and tenants of non-domestic private rented property, and sets out the enforcement and compliance powers of the local weights and measures authority. It also outlines the level of financial and publication penalties, the issuing of compliance notices, and a landlord’s rights to seek review and appeal. It forms part of our series of Practice Notes on MEES... MEES Regs 2015, SI 2015/962, reg 27 states that a landlord must not let a substandard non-domestic private rented (NDPR) property—one with an energy performance certificate (EPC) rating of ‘F’ or ‘G’—unless: ‘relevant energy efficiency improvements’ are carried out (MEES Regs 2015, SI 2015/962, reg 29), or one of the exemptions (consent, devaluation or temporary exemptions) applies See Practice Note: Minimum energy efficiency standards (MEES)—non-domestic property—exemptions and PRS Exemptions Register... Enforcement and compliance MEES Regs 2015, SI 2015/962, chapter...