In these uncertain times, there is a good chance that your company will be confronted with a contracting party that is in the process of judicial reorganization, or that you have initiated this procedure yourself. What are the consequences of this p...

Belgian company law is characterized by an internal and external liability of directors. Internal liability means that directors are liable to the company for any errors committed in the performance of their duties. External liability, on the other ...

On 26 November 2019 the FCA announced that it was using its product intervention powers to ban the promotion of so-called “speculative mini bonds” to retail consumers. The ban will come into force on 1 January and will last for 12 months...

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...

As the countdown to the end of LIBOR continues, regulators are increasing the pressure on the market to prepare and proactively engage with their clients to ensure a smooth transition to a new risk-free rate. Failure to do so will expose firms to th...

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In addition to the FCA’s recent guidance (see our note summarising the main points here) on payment holidays and repossession actions addressed to mortgage lenders, mortgage administrators, home purchase providers and home purc...

Barlow v Wigan Council [2019] EWHC 1546 (QB) The claimant, Deborah Barlow, brought a claim against the defendant, Wigan Metropolitan Borough Council for a trip which occurred on 21 September 2018. The claimant was walking along a path in Abram Park,...

  Practice and Procedure Patel and another v Patel and others [2019] EWHC 2643 (Ch) This case looks at the obligations of defendants under CPR Part 16.5 when preparing their defences and very clearly sets out that defendants: (a) must say which...

Practice and procedure Wickes Building Supplies Ltd v Blair [2019] EWCA Civ 1934 An employee had an accident at work. The court had to determine whether the claimant should be allowed to rely upon a witness statement which had not been filed and ser...

In these extraordinary times a number of insurers and “claimant” law firms have agreed a protocol that should avoid unnecessary procedural problems. The full and commendably concise text can be found here. In summary, signatories t...

Summary of the communication from the EU commissionInterpretative Guidelines on EU Regulation 261/2004 on passenger rights in the context of the developing situation with Covid-19 - 18 March 2020 Right to choose between reimbursement and rerouting ...

UK goes into ‘Lockdown’ The current lockdown arises as a result of The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020. Broadly, this legislation restricts the movement of people to ‘essential journeys&rsqu...

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

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On 15 March 2020, following the announcement by President Ramaphosa regarding South Africa’s precautionary measures that must be put in place to prevent the contraction and spread of COVID-19, South Africans came face to face with the stark re...

The parties to a commercial agreement may find that they have assumed contractual obligations that are more onerous than they might appear. The High Court decision in Ryanair Ltd v SR Technics Ireland Ltd illustrates the perils of taking a contract...

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...

The litigation in City Inn (Jersey) Ltd v Ten Trinity Square Ltd, between rival hoteliers next to the Tower of London, concerned restrictive covenants imposed by the Port of London Authority (PLA). The parties asked the court to decide whether the c...

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 ...

In Re Alisha House, the Lands Tribunal discharged a restrictive covenant preventing a developer from using land for residential development in circumstances where: the developer had entered into the restrictive covenant with the local authority r...

A landlord had acted reasonably in refusing consent to an assignment to a newly incorporated company, despite the landlord having the benefit of the previous tenant's covenant. Royal Bank of Scotland plc v Victoria Street (No 3) Ltd concerned a cov...

The Carbon Reduction Commitment (CRC), a cap and trade scheme that aims to reduce the UK's carbon dioxide emissions, is due to come into force in only twelve months' time. On 12 March 2009, the Department of Energy and Climate Change (DECC) publish...

Residential developers need to take great care that they do not jeopardise their recovery of VAT by granting a short–term tenancy. The current downturn is leading developers to let out new properties instead of selling them. Great care is nee...

Helpful analysis of when landlords of mixed–use properties need to consult their tenants before incurring service charge costs. The Landlord and Tenant Act 1985 requires landlords who own residential blocks of flats to consult their tenants b...

How important is public procurement to the public sector? Many contracting bodies incur more expenditure each year on externally provided works, services and supplies than they do on their own workforce, but focus typicall...

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Introduction The “No” vote by the people of Scotland to Scottish Independence removes some elements of uncertainty from the political and economic landscape in Scotland.  Nevertheless, the narrow margin of the vote against independe...

The Chancellor’s Autumn Statement contained the following stamp duty land tax announcement regarding the tax-free ...

The Court of Justice of the European Union delivered its judgment in Case C-595/13 Staatssecretaris van Financiën v Fiscale Eenheid X NV cs on 9 December 2015. Full Article