Constraining the Power of the Pubs Code Adjudicator: Imposing Terms on a “Market Rent Only” Offer

Jed Meers

Constraining the Power of the Pubs Code Adjudicator: Imposing Terms on a “Market Rent Only” Offer

Law

Research output: Contribution to journal › Comment/debate

Abstract

For the first time, an arbitration award made by the Pubs Code Adjudicator (PCA) – created under the Small Business, Enterprise and Employment Act 2015 and with powers detailed in the Pubs Code Etc Regulations 2016/790 – has been subject to a substantive judgment by the High Court (Punch Partnerships (Ptl) Ltd v Highwayman Hotel (Kidlington) Ltd [2020] EWHC 714 (Ch)). The PCA is a Janus-faced creature: they exercise both regulatory and arbitration functions. The decision in Highwayman Hotel provides welcome clarification on the interaction between these two roles. However, in constraining the PCA’s ability to impose lease terms when making awards, the court acts against the underpinning statutory purpose of the code and blunts the PCA’s teeth at some of the most challenging times for the pub sector in its modern history.

Original language	English
Pages (from-to)	1-8
Number of pages	8
Journal	Landlord & Tenant Review
Volume	24
Issue number	4
Publication status	Published - 22 Jul 2021

Bibliographical note

© 2021 The Author(s). Published by Informa
UK Limited, trading as Taylor & Francis Group.

Access to Document

Constraining the Power of the Pubs Code Adjudicator
© 2021 The Author(s). Published by Informa UK Limited, trading as Taylor & Francis Group.
Accepted author manuscript, 222 KB

Cite this

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abstract = "For the first time, an arbitration award made by the Pubs Code Adjudicator (PCA) – created under the Small Business, Enterprise and Employment Act 2015 and with powers detailed in the Pubs Code Etc Regulations 2016/790 – has been subject to a substantive judgment by the High Court (Punch Partnerships (Ptl) Ltd v Highwayman Hotel (Kidlington) Ltd [2020] EWHC 714 (Ch)). The PCA is a Janus-faced creature: they exercise both regulatory and arbitration functions. The decision in Highwayman Hotel provides welcome clarification on the interaction between these two roles. However, in constraining the PCA{\textquoteright}s ability to impose lease terms when making awards, the court acts against the underpinning statutory purpose of the code and blunts the PCA{\textquoteright}s teeth at some of the most challenging times for the pub sector in its modern history.",

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