Insights: Legal Updates - December 2014

Filter insights: Archive:
View by: Grid

Rates - an objective test

Alison Mould |

As we know, liability for rates falls on the person entitled to occupation, normally the tenant in relation to leasehold property. That applies whether or not the tenant is in actual occupation of the property. The tenant is the person entitled to occupation and liability therefore rests with the tenant. If a building is not […]

Top tips on executing and completing construction contracts


Parties spend significant time (and costs) agreeing the terms of construction contracts. But only when a contract is correctly executed and dated will those agreed terms come into effect and a party be able to enforce its rights. Failing to execute contracts correctly can have significant consequences. It can create uncertainty as to the correct […]

When you don't want the world to know

Helena Luckhurst |

The death of L’Wren Scott aged 49 in March 2014 made headline news but the contents of her will (leaving everything to Sir Mick and specifically nothing to her adoptive family) were equally well publicised. Gone are the days when wills are read out by the family solicitor in front of a gathered assembly of […]

FIDIC explained


FIDIC is the acronym for Fédération Internationale des Ingénieurs-Conseils, which is the French language name for the International Federation of Consulting Engineers. FIDIC has been around for 101 years and is principally an organisation which acts in the interests of, and educates and informs, its members. Each member is the national association of consulting engineers […]

Jurisdiction and Commercial Agents Regulations


The Commercial Agents (Council Directive) Regulations 1993 entitle commercial agents to an indemnity or compensation on termination of their agency contract, and the right cannot be excluded. This can come as a surprise to principals outside the EU who are unfamiliar with the concept. In a landmark case, in which Fladgate acted for the claimant, […]

Tenancy deposits: a new trap

Roy Perrott |

Since 2007, landlords who take a security deposit from an "assured shorthold" tenant (most short residential tenancies are assured shortholds) have had to protect the deposit. The landlord protects the deposit either by registering it with an insurance-based scheme or, alternatively, by lodging the deposit with a government approved custodian. The landlord must also serve […]

Are NOMADs at risk?

Sophia Purkis |

Fraud is estimated to cost the UK economy more than £50 billion and cybercrime nearly £30 billion annually. Fraud, bribery and corruption can be internal, committed by an employee or senior manager, or external, committed by suppliers and customers (though external frauds often require insider assistance). Types of fraud include: asset misappropriation (theft of cash, […]

Non UK residents owning UK residential property: a summary of the CGT changes

Helena Luckhurst |

The UK Government has now confirmed that UK Capital Gains Tax (CGT) will be extended to residential property owning non UK residents (NR) from April 2015. UK residential property only The new, extended CGT will apply to UK residential property only and will include land that is part of the garden or grounds of a […]

Partnership principles


Trying to end the ‘them and us’ culture in supply chains is laudable but a partnering approach to contracts needs a skilful touch. The rhetoric is easy. We want a more ‘partnering’ approach to projects. We must end the “them & us” culture in supply chains. Do we then get lost in the small print […]