Insights: Legal Updates - December 2013

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Empty rates

Alison Mould |

In previous articles we have addressed the thorny issue of empty rates and schemes that have been devised and considered by tribunals and courts to assist landlords in avoiding liability for rates on vacant properties. The Government has now stepped in and introduced the Empty Rates Temporary Relief Scheme which took effect on 1 October […]


How to manage the cost of fraud within UK businesses

Sophia Purkis |

When the National Fraud Authority published its Annual Fraud Indicator in June 2013 it estimated that the annual cost of fraud to the UK economy is £52bn. Whilst this might be a huge amount, more recent reports estimate the actual cost is over £85bn (nearly 5.5% of the GDP) of which between 21% and 25% […]


No deemed choice of jurisdiction

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The Court of Appeal has decided that, when basing jurisdiction on the Brussels Regulation, it is not possible to deem agreement or consent to jurisdiction from the factual circumstances. In Antonio Gramsci Shipping v Aivars Lembergs [2013] EWCA Civ 730, the claimant was the owner of vessels chartered to companies controlled by the defendant, who […]


Health & Welfare Lasting Powers v Advance Decisions

Helena Luckhurst |

Some of my clients have definite views as to how they would like to be cared for or treated in the event that they lack capacity to explain their wishes in future. Knowing that your wishes will be respected brings peace of mind. English law provides individuals with two key choices – a Health & […]


Sending in the bailiffs

Roy Perrott |

Sending the bailiffs in (or “distraining” as it is officially known) is often an effective way of recovering rent arrears. It has been used for centuries. Landlords will therefore be disappointed to learn that things are changing from 6 April next year. It will still be possible to seize the tenant’s goods but the procedure […]


The Eurozone - a new direction for rescue arrangements?

Charles Proctor |

Over the past three years, the EU has sought to respond to the Eurozone sovereign debt crisis in a number of ways. In terms of financial support, it has established various funds, culminating in the European Stability Mechanism. It has also strengthened the Stability and Growth Pact, and Eurozone members have signed a Treaty on […]


Avoiding rates!

Alison Mould |

In the early 1990s recession we called a tenant “someone who paid the rates”. They clearly couldn’t afford the rent, but often met their rates liability. In the last few years rates, again, have become a key issue, particularly where premises become vacant following the termination of a lease via insolvency action or otherwise. Liability […]