New draft legislation may adversely impact on commercial arrangements which have been put in place by employers to reward and/or incentivise employees or which employers may wish to use in the future. The new legislation relates to 'Disguised Remune...

The government has today published the Protection of Freedoms Bill. The Bill contains many proposals, but those of most significance to employers are those which are the result of an extensive review of the vetting and barring system, and which incl...

The Government has confirmed that the Code of Practice on Workforce Matters in Local Authority Service Contracts is to be withdrawn. It is not yet clear when the withdrawal will take effect. The Code applies in England and Wales to local authority ...

(1) Discovery (Northampton) Limited (2) Discovery (Nuneaton) Limited (3) Southampton Estates Limited (4) Discovery (Torquay) Limited (5) Discovery (Folkestone) Limited (6) Discovery (Harrogate) Limited v Debenhams Retail Limited (2) James Robert Tuc...

London Kendal Street No.3 Limited v Daejan Investments Limited (County Court) Earlier this summer the County Court at Central London issued the first decided case to apply the test given in the Supreme Court case of S Franses Ltd v Cavendish Hotel (...

Neocleous v Rees [2019] EWHC 2462 (Ch) Where a contract was formed over a series of emails and involved the transfer of an interest in land the automatic sign off on the solicitor’s email was enough to mean the document was “signed&rdquo...

In the matter of an application by (1) Gary Owen (2) Heather Lynn Richards [2019] UKUT 171 (LC) A recent Upper Tribunal case highlights the importance of ensuring that applications to modify or discharge restrictive covenants are made on the correct...

Canada Goose UK retail Ltd and James Hayton v Persons Unknown (1) and People for the Ethical Treatment of Animals (PETA) Foundation (2) 2019 EWHC 2459 Clothing retailer Canada Goose (“CG”) recently failed to persuade the Court that it sh...

Cornerstone Telecommunications Infrastructure Limited v Compton Beauchamp Estates Limited [2019] EWCA Civ 1755 The Court of Appeal’s judgement is the latest decision concerning the Code and the first appeal heard concerning the Electr...

Chelsea Football Club –v- Hardiman [2019] 10 WLUK 100 Chelsea had taken action to prevent an alleged ticket tout from selling tickets to football matches at the Chelsea ground.  It applied to court to continue the injunction which it had ...

The Treasury Select Committee’s report highlights the recent calls for meaningful reform to the business rates system.  The concerns have been growing, culminating most recently in a letter signed by over 50 retail bosses to the Chancello...

As originally published on CoStar on 07 November 2019 In the first of a regular series, leading real estate lawyer Bruce Dear talks to a senior player in real estate over ...

In August 2019, the Government consulted on the principle of amending permitted development rights in England to grant planning permission for mobile infrastructure to support deployment of 5G and extend mobile coverage. The Government is committed ...

Sequent Nominees Ltd (formerly Rotrust Nominees Ltd) v Hautford Ltd [2019] UKSC 47 The Supreme Court has overturned the decision of the two lower courts and held that a landlord was reasonable to withhold its consent to the tenant’s applicatio...

The Supreme Court has issued an important decision which considers whether land can be registered as a town or village green where that land has been acquired by a statutory undertaker and is held for purposes that are inconsistent with the use of t...

  Eversheds Sutherland Property Column: January 2020 Many real estate documents provide for the indexation of payments or prices or costs throughout the life of the transaction. Increases in line with inflation (however measured) or in line wit...

Essex County Council, Havering College of Further and Higher Education, The Governing Body of Sawyers Hall College v Davies and others [2019] EWHC 3443 A recent High Court case has reaffirmed the well-established rule that a landlord does not owe a ...

CUADRILLA BOWLAND LIMITED & ORS (Claimants/Respondents) v (1-3) PERSONS UNKNOWN (Defendants) & (1) KATRINA LAWRIE (2) LEE WALSH (3) CHRISTOPHER WILSON (Appellants/Respondents to Committal Applications) [2020] EWCA Civ 9. The Court of Appeal ...

(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...

Derby Technology Hospitals NHS Foundation Trust and others v Derby City Council and others [2019] EWHC 3436 (Ch) The High Court has held that NHS Foundation Trusts are not charities for business rates’ purposes and are therefore not entitled t...

Colour Weddings Ltd v Ritchie Roberts (Valuation Officer) [2019] UKUT 385 (LC) The issue of how a property undergoing redevelopment should be treated for rating purposes hit the headlines a few years ago with the case of Monk v Newbegin. That case e...

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...

Giles Duncan Fearn (2) Gerald Kraftman (3) Ian McFadyen (4) Helen Claire McFadyen (5) Lindsay Urquhart v The Board of Trustees of the Tate Gallery [2020] EWCA Civ 104 The Court of Appeal has dismissed an appeal made by residents of luxury glass-fron...

Eversheds Sutherland property column: February 2020  Introduction A property to be transferred is often so much more than an area of land or a building. The rights that accompany the area edged red on a title plan may make the land worth having...

Nigel Crighton Pease v Jeffrey William Carter and Louise Mary Carter [2020] EWCA Civ 175 A recent Court of Appeal decision found that notices of proceedings for possession under s.8 of the Housing Act 1988 were valid despite an error in a key date ...

In Austria, the Civil Code provides in its Sections 1104 and 1105 ABGB for total or partial exemptions from existing rent payment obligations for tenants in the case that the leased property is unusable due to epidemics. When is a complete rent exe...

SARS-CoV-2 ("Corona") The SARS-CoV-2 virus, also referred to as "Corona", has reached Germany with significant effects across all industries. This article aims at answering the specific issues which communities of condominium owners and administrato...

Since the Federal Council ordered the closure of a large part of the shops in Switzerland in mid-March to counteract the spread of the COVID-19 virus, a dispute has raged between business tenants and landlords as to whether this extraordinary situat...

Kavesseri Menon and Beena Menon –v- Nathan Pask and Rosalind Goode (as joint fixed charge Receivers) [2019] EWHC 2611(ch) Summary: The High Court recently provided much needed clarity on the previously unanswered question of whether Receivers ...

Summary The High Court has recently handed down its judgment in R (Critchley) v Financial Ombudsman Service and two others [2019] EWHC 3036 (Admin).  The applicant, Mrs Critchley sought to challenge FOS’s rejection of her PPI complaint on...

In November 2019 the National Crime Agency (NCA) published its annual Suspicious Activity Reports (SAR) Report for 2018/2019 (the Annual Report). The Annual Report focused on the continued year-on-year uplift in the overall number of SARs, and in pa...

Jonathan Davidson, Executive Director of Supervision, Retail and Authorisations at the FCA, has written to CEOs of insurers concerning non-financial misconduct in wholesale general insurance firms. Davidson reminds firms of the FCA’s clear exp...

1.       What is the Enforcement of Judgments Office? The Enforcement of Judgments Office (the “EJO”) is a public body responsible for enforcing judgments in Northern Ireland. This contrasts to the system in...

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...

Cuadrilla Bowland Ltd & Ors v Persons Unknown & Ors [2020] EWCA Civ 9 Background In Boyd v Ineos Upstream Ltd...

TBD (Owen Holland) Ltd v Simons & Ors [2020] EWHC 30 (Ch) Background A search order is one of the most draconian orders that the English courts can make, allowing an applicant – where there is a real possibility that a respondent may destroy o...