Insights: Legal Updates - July 2016

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Distressed investment – an opportunity in a changeable market

Jeremy Whiteson |

“The fishermen know that the sea is dangerous and the storm terrible, but they have never found these dangers sufficient reason for remaining ashore.” (Vincent Van Gogh) The UK’s vote on 23 June to leave the EU heralded new and challenging times for the business community. However, it also introduced opportunities.   For bold purchasers, […]


Trusts and the revised 4AMLD

Helena Luckhurst |

In my 26 November 2015 blog, I wrote about the impact on trusts of the EU’s first draft of the Fourth Anti-Money Laundering Directive (4AMLD).  It seemed that only if the trust generated ‘tax consequences’ would the trustees have to provide details about the trust to a central register, which would not be publicly available.  […]


Getting your foot in the door

Roland Brandman |

A practical problem which has befallen many an occupier: you have found a new unit for trading and agreed heads of terms with the landlord; the lease and licence for alterations are being negotiated via solicitors; you now need to go in and start trading; however, the landlord will not give you the keys until […]


Grant of a lease: What to think about when negotiating Heads of Terms (HoTs)

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A good HoTs will answer all key questions which may arise on the grant of a lease, so that negotiation on commercial issues isn’t required further down the line, saving both time and money in the long run.  It is crucial for prospective tenants to think long and hard before entering into negotiations on lease […]


Estate planning with an international element

Emma Hurrell |

What type of Will do I need if I have foreign assets? If you own foreign assets, then you should consider putting in place a foreign Will in the jurisdictions in which you own those assets, in addition to a UK Will.  The advantage of this is that on your death, probate can be obtained […]


How to respond to online banking fraud

Sophia Purkis |

Online banking fraud is becoming more sophisticated, causing large losses to individuals and companies. Unsurprisingly, the number of cases against banks involving online fraud is increasing. In March, Sir Bernard Hogan-Howe, head of London’s Metropolitan Police, suggested banks should not fully refund victims of fraud who have not protected themselves. Whilst not universally well received, […]


Severance and survival

Ian Smith |

A recent decision in the Technology and Construction Court (TCC) in the case of Stellite Construction Ltd v Vascroft Contractors Ltd emphasises the difficulties for a party in arguing that an adjudicator has materially breached the rules of natural justice. However it also reminds us that the adjudicator’s frame of reference for jurisdiction will be […]


Workers aged 25 and over now entitled to receive the National Living Wage

Mike Tremeer |

On 1 April 2016 the Conservative Government introduced a new minimum rate of pay that applies to all UK workers aged 25 and over.  Called the National Living Wage (NLW), it requires that eligible employees are paid a minimum of £7.20 per hour.  That is an increase of 50 pence per hour on the National […]


Update on charitable structures

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The landscape of the charitable sector has changed significantly in recent years.  Individuals seeking to promote their philanthropic wishes in the UK are now faced with a number of decisions when considering how best to accomplish specific charitable objectives (known as objects).  Set out below is a brief summary of the three ways in which […]