Eversheds Sutherland property column: November 2019 Taking property off-plan involves a whole host of extra considerations, and prestigious tenants looking for new high profile headquarters or bespoke office space require comprehensive landlord and ...

(1) Edward Williams (2) Christine Mary Laverty v Carraway Guildford (Nominee A) Ltd & 19 Ors [2019] EWHC 3073 (Ch) The High Court recently refused to strike out a challenge to Regis UK Limited’s CVA despite the CVA having been terminated b...

Eventuate Capital Ltd v Grosvenor Estate Belgravia (E02CL652) The County Court and First-tier Tribunal Unopposed Business Lease Renewal Pilot Scheme has been in place for over 2 years but very few cases have, as yet, proceeded to trial. In one of th...

In cases where operations have to be closed or business activities are prohibited, the question arises as to what happens to the lease and whether it can be suspended, paid in instalments or cancelled altogether. Below we have prepared a short overv...

United Kingdom Independence Party Limited v Richard Braine and others [2019] EWHC 3527 (QB) Facts of the Case This decision relates to: 1. applications by the Claimant (“UKIP”) for orders (a) continuing until trial an interim non-disclos...

It has been reported that on 27 June 2019, the Supreme Court denied the Government’s request for permission to appeal against the Court of Appeal’s decision in the cases of McCloud and Sargeant regardi...

Eighteen months ago, the Government published a white paper on protecting DB pension schemes.  This was followed by consultations on a variety of matters, including a stronger Pensions Regulator, the introduction of collective defined contribut...

The run-up to Christmas has seen a couple of important legal cases for pension schemes. Neither should spoil your Christmas celebrations, but they’re worth knowing about for 2020! Limits on PPF protection The European Court has reached a decis...

In the latest edition of our "Barker's Dozen" 13-minute pensions podcast series, François Barker and two partners explore the coronavirus outbreak and its implications for UK pensions. We will follow this podcast with a series ...

With a few exceptions, costs budgeting applies to the majority of part 7 multi-track matters. Once the costs budget is agreed between the parties, approved by the court or a costs management order has been made, what is the position upon an assessme...

Practice Direction 51Z: Stay of possession proceedings, Coronavirus The Coronavirus pandemic is having an effect on all areas of our lives, including the property world. Following Government announcements last month Practice Direction (‘PD&rs...

The current COVID-19 pandemic has triggered a range of medical, social and economic consequences around the world. The effects on commerce have already been dramatic and for those of us who advise on global trade, supply chain issues and contractual...

Episode 4 - COVID-19 webinar - When does a pandemic crisis spell disaster? - May 4 Listen to the replay of Eversheds Sutherland's episode 4 podcast providing guidance on at what stage does the pandemic crisis spell disaster. Reputations will be ma...

As additional EU rules come into force requiring UK credit and financial institutions with branches and subsidiaries in third countries to identify local law conflicts with group-wide AML policies and procedures, Zia Ullah and Ruth Paley of Evershed...

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In this briefing from our procurement group, Paul James examines the Advocate General’s opinion regarding the treatment of foreign tenderers. Introduction In accordance with the EC Treaty principles, all potential tenderers in the market mus...

In this briefing from our procurement group, Paul James examines the Advocate General’s opinion regarding the treatment of foreign tenderers. Introduction In accordance with the EC Treaty principles, all potential tenderers in the market mus...

A Councillor has successfully applied for judicial review of a decision by his own council to vary a contract for the development of a mixed retail, residential and transport hub in Winchester. The High Court ruled that the variations to the contrac...

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This article examines an alternative to the two predominant purchase price mechanisms used in M&A transactions in South Africa. When applied correctly, it leads to an expedited determination of the final purchase price and allows for flexibility...

The foreign minister asks why the bodies of three Indonesians were thrown overboard.

After insisting for weeks it would take no more refugees, Bangladesh relents and rescues hundreds.

The man’s aunt demands that authorities bring his killers to justice.

New law requiring vehicles to have license plates led to traffic fine bonanza.

Hackers used Aria-body, an intrusive new tool, to attack computers in Thailand, Indonesia, the Philippines, Vietnam, Myanmar and Brunei, report says.

James Burnie throws light on the law for the custody of crypto-assets in this exclusive interview with New Money Review. Click here to read the article > This article was written and published by New Money Review Staff on November 25, 2019....

Introduction The FCA published its Policy Statement (PS19/24) in relation to illiquid assets and open-ended funds on 30 September 2019. The statement responds to feedback provided in response to Consultation Paper (CP18/27) and settles on a final sl...

The Financial Conduct Authority (the “FCA”) sent a letter to all UK regulated asset managers on 27 February 2020 (the “Dear CEO Letter”), to encourage the sector to prepare for the cessation of the sterling London interbank o...

Cross-border fund marketing arrangements into the UK are poised to be significantly amended when the current post-Brexit ‘transition or implementation period’ (“TIP”) comes to an end on 31 December 2020.  Retail funds&rs...

The 25th April 2012 marked the implementation of the first  phase of amendments to the Licensing Act 2003 (‘the Licensing Act’) ...

A landlord who intends to forfeit a lease must avoid any action that would waive a 'once and for all' breach of covenant by the tenant. This Court of Appeal decision will interest landlords and tenants, especially while market conditions remain toug...

Site waste management plans will be necessary for construction and demolition work with effect from 6 April 2008. The Site Waste Management Plans Regulations 2008 require site waste management plans for all construction and engineering projects in ...

The Department of Communities and Local Government has published new guidance explaining how the Community Infrastructure Levy (CIL) will work in practice. The guidance covers: how CIL will be set and spent how, when and by whom CIL will be...

Enfranchisement of long leasehold buildings in commercial use may have become a real possibility as a result of a recent decision by the House of Lords. The Leasehold Reform Act 1967 gives long leasehold tenants the right to buy the freehold of the...

Rights granted by side letters will not necessarily be eligible for inclusion in new business leases. The Landlord and Tenant Act 1954 confers security of tenure on business tenants. It empowers the courts to order a new tenancy of the property com...

The Law Commission has published a consultation paper proposing wide-ranging reforms to the law governing easements, covenants and profits à prendre. The changes suggested by the Law Commission include: the creation of a single new method ...

Section 2 of the Law of Property (Miscellaneous Provisions) Act 1989 requires contracts to dispose of interests in land to be made in writing. However, leases granted for a term of up to three years need not be made in writing so long as the term st...

A simple drafting error in a lease invalidates a contracting–out order. In Newham LBC v Thomas–Van Staden, which has been fully reported only recently, the Court of Appeal has presented us with a curious decision on the effect of a draf...

Land Registry fees will increase on 6 July 2009. A new Land Registry fee order has been published, increasing fees across the board for registration and information services from 6 July. The Land Registry is required to recover from its fees and c...

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By 2030, according to Forbes, millennials will make up 75% of the workforce. Digitally wired since their childhoods, millennials favour work-life integration rather than work-life balance reflecting the way today’s boundaries between professio...

Following the publication by the European Commission of the conclusions on best available techniques (BAT) in the waste sector on 17th August 2018, the operators are required to submit a reconsideration file (“dossier de réexamen”...

Introduction A circular economy is an economic system characterised by the trading of products and services in closed loops or cycles. The system is designed to be regenerative insofar as it aims to retain as much value as possible from used product...

Introduction On 5 July 2019, the Minister of Environment, Forestry and Fisheries, Barbara Dallas Creecy, published a notice requiring that when submitting an application for environmental authorisation in terms of regulation 19 and regulation 21 of ...