Insights: Legal Updates - September 2015

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Warranty claims – the importance of getting the notice right

David Robinson |

Introduction The High Court of Justice has recently held in Ipsos SA v Dentsu Aegis Network Limited that a breach of warranty claim must fail because of defects in the notification process for bringing claim. The case is a stark reminder that it is essential to comply with contractual notice provisions in all respects. Background […]

By October 2015 it will be harder to recover possession of an Assured Shorthold Tenancy


In April 2012 the Localism Act 2011 brought in various changes which introduced strict requirements for landlords wishing to seek possession of residential property at the end of the term let under an Assured Shorthold Tenancy (AST).  In addition, further changes will come into force on 1 October 2015 which provide further hurdles for landlords […]

Transparency in the UK – new legislation

Sam Tye |

In 2013 the department for Business, Innovation and Skills (BIS), a department of the UK Government, published a discussion paper the stated purpose of which was to increase transparency in relation to the ownership and control of UK companies. The discussion paper set out a range of proposals which were intended to increase transparency so […]

Arbitration awards – time frames and delays

Ian Smith |

Under the new LCIA Rules 2014, one of the aims is to increase the speed and efficiency of arbitrations. However, arbitration awards can take a long time and even be delayed beyond the expected deadline, resulting in frustration for the parties involved and potentially serious financial consequences. International arbitration bodies and their award time frames […]

Deeds of variation: have your cake and eat it


Have you inherited anything in the last two years?  If so, read on. Deeds of variation (Variations) used to be a relatively unknown standard tax planning technique among the general public until, during the election campaign earlier this year, it was revealed that Ed Miliband’s family had put one in place, much to the delight […]

Age before beauty


The use of underage models in fashion is nothing new. You may recall that, back in the 1980s, Brooke Shields caused something of a stir when she fronted a Calvin Klein campaign aged just 15. However, the issue has come back to the fore recently, following the appearance of a 14-year-old Israeli girl, Sofia Mechetner, […]

Common mistakes in choice of law and jurisdiction clauses

Tom Bolam |

It is very common for non English commercial counterparties to decide that a contract should be governed by English law. The English courts are very used to dealing with litigation that does not involve English parties. Often the contract that has given rise to a claim will not have been reviewed by an English qualified […]

Professional negligence trial adjudication scheme

Janet Keeley |

To err is human and, to the best of my knowledge, property professionals fall within that classification. However, a recognised problem with professional negligence claims is the cost and delay of litigation. The Ministry of Justice has therefore been trialling a voluntary adjudication scheme for professional negligence claims where the damages are up to £100,000. […]

When should you review your Will?


It is always important to have a Will in place, but if you already have one, there are certain circumstances where it is necessary to review it. Changes to personal circumstances If you marry or form a civil partnership, then your Will is automatically revoked unless you state in the Will that you are making […]

The NOW TV case: Mere reputation of international brand is not enough to protect unregistered trade mark in the UK

Eddie Powell |

Introduction The world has “internationalised” at an astonishing rate in the last 20 to 30 years. People are better travelled and are familiar with overseas hotels, restaurants and media. And it is the same with consumer brands: in the UK we are as familiar with Hershey’s chocolate from the US and Vegemite spread from Australia […]

Converting an office block to residential use: what needs to be done before the permitted development right expires?

Mark Harnett |

We reported recently that, unexpectedly, the government has not extended the temporary right that it introduced in the spring of 2013 to change the use of a building from office to residential without having to obtain a grant of planning permission. Unless the government has a change of heart, the right will expire on 30 […]

Street art revisited: Art Buff


A couple of years ago we in the Fladgate art team put our heads together to consider the potential legal problems in trading in street art and produced this article: Street art: the legal issues It was a topical subject because of the auctioning of Slave Labour, which I covered in my post Selling Banksy […]