Scottish Parliament brings forward Bill to introduce new “group proceedings” procedure in Scotland The Civil Litigation (Expenses and Group Proceedings) (Scotland) Bill (the ‘Bill’) is currently making its way through the Sco...

A new approach A recent ruling by Coulson J represents a significant departure from the line of cases which paved the way for “smash and grab” adjudications. Since ISG v Seevic (2014) and Galliford Try v Estura (2015) an employer that fa...

Commodity Solution services Limited and Charles Henry Sands v First Scottish Searching Services Limited [2018] SC DUNE 74 In Scotland, inhibitions are a method of debt recovery designed to prevent a debtor selling or disposing of heritable property ...

The Supreme Court has handed down its judgment in the long-awaited appeal of Rock Advertising Limited v MWB Business Exchange Centres Limited [2018] UKSC 24, a case which the court describes as “exceptional” on the basis it concerns two ...

R (Principled Offsite Logistics Limited) – v - Trafford Council [2018] EWHC 1687 (Admin) In a decision which will be welcomed by corporate occupiers nationwide, the High Court has ruled that the storage model employed by Principled Offsite Log...

Beaumont Business Centres Limited v Florala Properties Limited [2018] EWHC 2112 (Ch) The High Court was not persuaded that Beaumont, the Claimant, should be precluded from continuing with its claim for an injunction to restrict works which threatene...

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I Love Biscuits and I have been searching for a quick and easy recipe to make in my countertop convection oven. Living in a hot climate – I don’t want to heat up the house with the regular oven and besides, I only want a small batch. This is a quick and easy Drop-Biscuit recipe that makes six biscuits. Plus, you can make it Vegan if you like! -- posted by Billy R.

 Amy Sadro, Principal Associate in Eversheds Sutherland’s Environment, Health and Safety Team and Dr Chris Nelson, a Principal Consultant and specialist in noise and vibration at Finch Consulting give their views on recent HAVS prosecutio...

Under Gazette number 43199 of 2 April 2020, the Department of Co-Operative Governance and Traditional Affairs has issued various amendments to the regulations issued by it in terms of the Disaster Management Act, relating to funeral attendances, fin...

On 29 April 2020, a directive addressing the implementation of necessary occupational health and safety measures in workplaces to reduce and eliminate the escalation of Covid-19 infections (“Directive”) was published. The Occupational He...

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On 20th March, we held the 'Coronavirus Insights and practical solutions for landlords' webinar. 

On 20th March, we held the 'Coronavirus Insights and practical solutions for landlords' webinar.  In this webinar, our speakers discussed how the outbreak of Covid-19 and the subsequent political and economic impact is having a signific...

Commercial Court – a return to action? On 4 May 2020, the Commercial Court Judge in Northern Ireland, the Honourable Mr Justice Horner, circulated an update to legal professionals stating clearly that the Commercial ‘Hub’ is open f...

As Bruce Dear writes, “COVID-19 poses a threat of unparalleled potency to our real estate markets and economy. So our industry and government must unite behind a grand, generous and visionary response to match the scale of this once in a cent...

COVID-19 is creating a fast-changing and uncertain landscape. Many prospective tenants will be undertaking fit out works under their agreements for lease. Our webinar held on 31st March highlighted some important practical steps that could be taken ...

  For landlords involved in construction works, COVID-19 is creating a fast-changing and uncertain landscape. Whilst many things are beyond a landlord's control, there are some important practical steps that can be taken to maximise control ov...

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INTRODUCTION The COVID-19 Regulations issued by the government have required persons to work from home, where they can. As we have engaged with our clients on a daily basis, one of the key questions is whether a person’s home becomes a “...

The Office of Fair Trading (OFT) has published details of the information sheets required by the Consumer Credit Act 1974 (CCA) as amended by the Consumer Credit Act 2006 for sending to borrowers in arrears and with default notices. The information ...

This case was a reference to the European Court of Human Rights under Protocol 1, Article 1 of the European Convention of Human Rights – peaceful enjoyment of possessions. The claimants had owned land that was leased to a group of fa...

The OFT has published details of the information sheets required by the Consumer Credit Act 1974 (CCA) as amended by the Consumer Credit Act 2006 for sending to borrowers in arrears and with default notices. The information sheets are to be implemen...

Cherry Tree Finance sought to appeal against the decision that an early redemption penalty imposed by it was unfair. Mr and Mrs Evans carried out an antique restoration business from a property they owned. The property comprised part business and p...

The start of a new year is generally a good opportunity to cast our eyes back over the preceding year to examine the impact of the key Court of Appeal and House of Lords decisions. So what did the courts decide in 2008 that is likely to be of use o...

The Pre–Action Protocol for Possession Claims (the Protocol) has been in operation for three months. In 2009, we are beginning to get an idea of how the courts are interpreting its use. However, before going further, it's worth remembering wha...

The doctrine of subrogation can provide a remedy to a lender whose charge has not been properly registered. It can be a complex remedy but is worth exploring further both here and in future financial e–briefings. Indeed in the 'recoveries&nda...

Evidencing compliance The introduction of the pre-action protocol for possession claims in November 2008 represented one of the most significant changes for lenders in recent years. Few would argue with the principle behind the protocol - to encou...

It is reported today in the media that a Deputy District Judge in the South Shields County Court has made a finding against MBNA ("the Creditor") in respect of various aspects of the enforceability of a credit card agreement and a payment protection...

The Court of Appeal has taken 11 months to add to the confusion caused by the attempt by a small number of employer’s liability insurers, all in run-off, to argue that policy wordings long understood to provide coverage on the basis that the i...

How to navigate the financial recovery process the state is responsible for damages caused by the crisis measures adopted under the Crisis Act. No unlawful behaviour of the state is required business party is liable for damages caused by a bre...

Sponsors of Tier 2 migrants will be aware that they are obliged to retain certain documents for every sponsored migrant for a set period of time as part of their sponsorship duties. The specific documents that sponsors are required to retain and the...

Two important announcements this week will be relevant to the UK’s immigration requirements for several years. Brexit is, of course, scheduled for 11PM on 31st January. In addition, a report published yesterday provides a blueprint for the fut...

The Government has provided its initial policy guidance regarding the new Points Based System of immigration. This is set to be implemented in January 2021 and follows advice provided by the Migration Advisory Committee (“MAC”) last mont...

  When delivering the UK’s Budget on 16 March 2016, the Chancellor of the Exchequer warned that we face a “cocktail of risks”. Undoubtedly, this is not likely to be anyone’s first choice from the cocktail menu, however d...

In recent years the importance of paying ‘due regard’ to the Public Sector Equality Duty (PSED)1 when it comes to decisions to reduce or withdraw local authority services in response to the austerity agenda has been underlined by a serie...

Eversheds has advised Miller Homes on its successful planning appeal for residential development of land at Boston Spa Leeds, granted following a Public Inquiry by the Secretary of State, on 8 June 2016. It is the most important housing appeal decis...

The outcome of the vote in favour of leaving the EU will undoubtedly have far reaching implications, but what does this mean for the UK planning system? We have not rushed to comment upon the planning and environmental implications of the vote to le...

Manchester is the City Region that has most enthusiastically embraced the devolution agenda – unsurprisingly, perhaps, given its long standing commitment to the cause of devolved powers and city region autonomy. In addition to embracing the Me...

At the same time he delivered his (final) Autumn Statement the Chancellor also issued a strategy document to advance one of his predecessor’s key policy aims - the Northern Powerhouse. For those who support the notion of the North providin...

The Government chose the last month of 2016 to announce some legislative proposals that will have a significant impact on the ability of local planning authorities (LPAs) to impose planning conditions. Consultation seeking views on proposals for imp...

Eversheds Sutherland (International) has been named ‘Legal Practice of the Year’ at the Northern Lights Awards, Manchester. The awards are designed to highlight collaboration between companies and within companies in the Northern Powerh...

Whilst polarisation has become a familiar feature of national politics in recent months, on some key issues there is still a degree of political consensus. One of these is the need to rebalance the UK economy away from an overreliance on London and ...

After much anticipation, The Neighbourhood Planning Bill received royal assent on 27th April 2017. The new Neighbourhood Planning Act (“Act”) covers matters not obviously related to its title, including new powers of temporary possession...

The Community Right to Bid has now been in place for half a decade and whilst its impact has perhaps not been as significant as first thought it has undoubtedly had an impact on assets linked to higher education institutions such as playing fields, ...

On 17th January 2018 the Court of Appeal dismissed a leaseholder’s appeal relating to the Upper Tribunal’s decision as to how one of the components of a valuation for a lease extension or collective freehold enfranchisement should be cal...

On 18 July 2017, the Court of Appeal handed down judgment in Catesby Estates and SSCLG v Steer and Historic England in considering whether an inspector erred in law in his understanding of the concept of the “setting” of a Grade I listed...