Insights: March 2019

Much has been written about local authorities investing in commercial real estate, particularly at a time when there is an increasing demand on community services and social care and the cutting of budgets that sustain them.

It is established law that a claim can be brought by one landowner against his neighbour in “nuisance”. Such a claim can arise in the event that the neighbour is doing something on his land which is causing a problem to the first landowner.

In November 2018, London’s Mayor, Sadiq Khan, called in the Kensington Forum Hotel application which had previously been refused by the Royal Borough of Kensington and Chelsea (RKBC) planning committee (primarily for the reason of insufficiently high design quality and harm to the surrounding area). The Mayor’s first reason given for the call-in was that […]

Are apples different from pears? Or are they both just fruit? Or, as cockney rhyming slang would have it, are they stairs? These are the questions (excepting the last one) that the distinguished judges of the Court of Justice of the European Communities (CJEU) have been gr-apple-ing with in the recent case of Pear Technologies […]

When a company is solvent, the primary duty imposed on directors is to promote the success of the company for the benefit of its shareholders.  This duty is codified at section 172(1) of the Companies Act 2006. However, that position changes when a company is insolvent, or close to insolvency. In that latter instance, directors […]

In Perry v Raleys Solicitors the Supreme Court has provided important guidance on how “loss of chance” professional negligence cases should be approached.

On 25 February 2019, the European Banking Authority (EBA) published revised Guidelines[1] on outsourcing arrangements for financial institutions, namely credit institutions and investment firms subject to the Capital Requirements Directive (CRD), and for payment and electronic money institutions (collectively referred to here as ‘financial institutions’).

Leigh Callaway and Gerald Brent examine the major issues which have been cropping up continually over the past year.

The merger between mega stores Sainsbury’s and Asda has been in doubt after the CMA raised a catalogue of concerns in its initial findings. The merge would create a ‘supermarket juggernaut’ overtaking Tesco in market share. The CMA has said if it were to allow the merger to proceed, “it could force the sale of […]

Liquidated damages clauses are commonly used in construction contracts to provide the employer with a ready-made remedy for delay. These provisions allow the employer to claim or deduct a specified sum of money without having to prove its actual loss in a claim for damages. In two recent cases , the English courts have considered the important issues in relation to the enforceability and availability of liquidated damages.

The FCA has published a report[1] setting out industry insights into cyber security. The report is based on insights and learnings from over 175 firms drawn from across the financial sector contributing ideas and experiences. Firms are invited to participate on a sub-sectoral basis, with the FCA facilitating separate ‘cyber coordinated groups’ or ‘CCGs’ across […]

As part of a drive to support the high street and increase residential supply, the Government has now confirmed that it will bring forward a number of changes to permitted development rights, including options for the increased flexibility of high street planning uses. In particular, the proposed changes are to include: Allowing shops (A1) and […]