Insights: December 2015

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‘Tis the season…to reopen your divorce settlement?

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It emerged last week that a software error on the financial statement form (more commonly known as the Form E in divorce proceedings) produced by the Ministry of Justice (MOJ) – on their website, no less – may lead to thousands of financial settlements needing to be reopened as they are based on incorrect calculations. […]


Communal heating systems – changes in regulations

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The Heat Network (Metering and Billing) Regulations 2014 are bringing in a change of legislation that will affect how tenants of buildings with communal heating systems will be invoiced for their use of heating, cooling and hot water. Purpose The legislation is designed to ensure that end-users of heat are only charged for the heating […]


Anti-suit in favour of employee

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An exclusive jurisdiction clause in favour of the Massachusetts court was held by the Court of Appeal to be overridden by Articles 20-23 of the Brussels Regulation, giving the English employee the right to sue in England and to obtain an anti-suit injunction against a Massachusetts company: James Petter v EMC Europe Limited and EMC […]


The Consumer Rights Act 2015: what retailers need to know

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Readers will be aware of the trumpeting surrounding the Consumer Rights Act 2015 (CRA) which came into force on 1 October 2015.  It aims to bring the law up to date for consumer sales across the board, with particular focus on unfair consumer contract terms and the supply of digital content.  But what has changed […]


Quarter Day – December 2015

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Updates for real estate professionals  


Penalty clauses in the spotlight

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When a contract includes a provision for payment on breach of contract, that payment may well be liable to challenge by the breaching party as falling foul of the legal rule protecting parties against penalty clauses, which are unenforceable. Until a recent decision of the Supreme Court in Cavendish Square Holding BV v Talal El […]


Fladgate acts for Defenx PLC on its AIM admission and placing

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Fladgate LLP has acted for client Defenx PLC on its £2.1 million placing and admission to AIM. Defenx is a fast growing, profitable and cash generative smart phone security software business. Defenx will be using the net proceeds of the IPO to fund the development of its Windows Phone 10 app, continue the development of Defenx […]


Two better than one: Why developers should embrace two-stage tendering

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Two-stage tendering is often cited as a tool for procurement efficiency.  We are told that it offers clients the opportunity to get value for money whilst improving ‘buildability’ by engaging contractors at an early stage in the process.  Yet, for many years it still seems to have been regarded with suspicion amongst developers or, at […]


Setting aside delayed arbitration award

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The Commercial Court has considered the criteria for setting aside an arbitration award where there is a substantial delay between the hearing and the award. In BV Scheepswerf Damen Gorinchem v Marine Institute [2015] EWHC 1810 (Comm), the delay had been 12 months and the unsuccessful respondent to the arbitration applied to have the award […]


New UK GAAP: Are you ready?

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Introduction Major changes to accounting standards are producing both accounting issues and legal problems which UK companies need to plan for this year. Companies in the UK that are not following International Financial Reporting Standards (IFRS) are required to move to new UK accounting standards for accounting periods beginning on or after 1 January 2015, […]


Forum non conveniens waiver overruled

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In Standard Chartered and Others v Independent Power Tanzania and Others [2015] EWHC 1640 (Comm) the parties had entered into various agreements which were governed by English law and contained non-exclusive English jurisdiction clauses with forum non conveniens waivers and an express acceptance of the possibility of concurrent proceedings in different jurisdictions, together with provisions […]


Changes to business investment relief: a sop to non-doms?

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Business investment relief (BIR) has been a feature of the UK tax system since April 2012 and it is unusual, being the only exception to the remittance basis of taxation that is ‘purpose-specific’. BIR allows UK resident non-doms to bring into the UK untaxed foreign income and foreign gains without making a taxable remittance of […]