Insights: Legal updates

Filter insights: Archive:
View by: Grid

Legitimate business protection or unenforceable restraint of trade – the problem with post-termination restrictions

|

Michael McCartney comments on a recent Court of Appeal decision in Egon Zehnder v Tillman highlighting the challenge employers face when enforcing clauses designed to prevent competition from employees after they leave. The Court of Appeal held that a non-compete restriction which purported to prevent Ms Tillman from having an “interest” in a competing business […]


Payment dates – Miss them at your peril!

|

Two recent cases highlight the importance of ensuring both landlords and tenants diarise important dates in legal documents, especially those which involve payments. It seems obvious on the face of it that dates such as rent payment dates in leases must be met. Yet in practice, it happens more often than one would expect that […]


Adjudication: “pay now argue later”

|

A recent case has clarified when a party may be able to raise a substantive defence to adjudication enforcement. The courts have long made it clear that they will enforce adjudicators’ decisions save in the most exceptional circumstances. In the context of enforcement proceedings, the courts are not concerned with whether the adjudicator got the […]


EU General Court opinion delivers boost to brands selling online

, |

You don’t need to be a PR guru to know that branding is all about image. This is never truer than for high-end or luxury brands, which strive to deliver a customer experience that is consistent with, and can be justified by, the price tag. This sensitivity to customer experience is borne out in distributor […]


New protection for pubs

|

Since the Localism Act 2011, public houses have been the most popular use of a building/land to be protected as an Asset of Community Value (ACV). A list of ACVs is kept by each local authority. If land is added to the list it remains on it for five years. During that time the owner […]


EPCs and minimum energy efficiency standards for private rented properties

|

The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 (Regulations) introduced measures to improve energy efficiency in both residential and non-residential private rented properties in England and Wales. The purpose of this article is to provide an overview of the changes brought about by the Regulations and to consider their practical implications for […]


CIS taxation: who is caught by the regime?

|

The Construction Industry Scheme (CIS) regime was introduced under the Finance Act 2004 to regulate tax on payments between contractors and subcontractors for construction work. The regime requires subcontractors to be registered with HMRC in order to receive payments gross (i.e. without deduction of tax). If subcontractors are not registered, contractors are then obliged to […]


Inheritance Tax planning for business owners is often overlooked

|

When it comes to selling up or transferring on a business to the next generation, entrepreneurs and family business owners are usually encouraged to take measures to reduce the level of Capital Gains Tax payable on the disposal of the business.  Far fewer entrepreneurs are advised to consider their Inheritance Tax (IHT) planning, though, and […]


What does the Great Repeal Bill mean for direct taxation in the UK?

|

Neal Todd, a partner at Fladgate LLP, goes over what the Great Repeal Bill could mean for direct taxation, as the UK exits the EU Whatever aspects of life the electorate thought they were bringing back under control by voting to leave the European Union in last year’s referendum, it is hard to believe that […]


The seven deadly sins: common mistakes made when constructing and operating fairground and amusement rides

|

Following a number of recent high profile accidents, the issue of health and safety in the themed entertainment industry continues to be under close scrutiny. Indeed, there is recognition that work remains to be done to satisfy the high health and safety standards that the public clearly expects.  Unfortunately, there are some common, but avoidable, […]


Step-in rights: Gilding the lily, or worth their weight in gold?

|

Step-in rights can help to keep a project on the rails if it becomes distressed – but how effective are they? A common feature of collateral warranties or third-party rights is a right for the beneficiary (often a funder) to ‘step in’ and take over the developer’s rights as employer of a building contractor or […]


The Competition Appeal Tribunal’s “fast track” procedure: evening the playing field

, |

Given that most high-profile competition law actions tend to involve the decisions of large-scale regulators following heavily-protracted investigations (such as the recent seven-year EU commission investigation into Google’s online shopping offering), small businesses and consumers could be forgiven for thinking that redress in competition law is not a realistic proposition. It was, however, with this […]