Insights: Legal Updates - November 2016

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Supreme Court considers penalty clauses


The Supreme Court clarified the contractual penalty rule in a decision on appeals, Cavendish Square Holding BV v Talal El Makdessi and ParkingEye Limited v Beavis.  The Supreme Court held that the underlying rationale for the rule had been misunderstood and the established test was applied over-literally and poorly adapted to modern commerce.  The Supreme Court […]

CIArb Business Arbitration

Alice Morrissey |

The Chartered Institute of Arbitrators (CIArb) has launched a new Business Arbitration Scheme (BAS) which aims to provide a simple and cost-effective form of arbitration for claims in the region of £5,000 to £100,000 in value.  The CIArb is a non-profit membership organisation whose focus is on providing alternative dispute resolution services and training to […]

Lord Chief Justice Briggs’ Civil Courts Structure Review: Final Report


In July 2015, the Lord Chief Justice and Master of the Rolls commissioned Lord Justice Briggs to conduct a review of the structure of the civil courts in England and Wales.  Following an extensive consultation with judges, practitioners and court users, on 27 July 2016 LJ Briggs published his much awaited Civil Courts Structure Review: […]

Planning update on housing


The UK housing shortage has continued to shape changes to planning law this year. Below is an update on two of those changes. Permitted development to residential use The Government has continued to use permitted development rights to try and encourage an increase in housing supply. A few points to note, as follows: As most […]

Taxation of residential property in the UK

John Forde |

The taxation of residential property in the UK has changed almost beyond recognition over the past few years. What were once tried and tested structures are in many cases no longer suitable. The tax consequences in any given situation are now liable to depend not only on the type of structure used but also the […]

Do you want a hard or soft-boiled Brexit?

Charles Proctor |

Charles Proctor explains how the UK could declare itself a free trade zone by ceasing to impose tariffs on imports immediately after its split from the European Union. UK politicians have spent the last few months arguing over the shape of a post-Brexit deal with the EU: will it be ‘hard’ or will it be […]

Fladgate advises Aldgate Developments on the sale of Aldgate Tower: a case study


Aldgate Tower was acquired in 2010, constructed between 2012-2014 and sold as a fully let building in 2016.  Fladgate LLP acted for and advised the developer on all aspects of the transaction. Background The Aldgate Tower site, located on an island in the midst of the Aldgate gyratory, benefitted from a planning permission dating from […]

New telecoms code could impact affordable housing


While the right hand of government is actively trying to make the provision of housing easier and faster, the left hand is actively pushing through new statutory rights which could introduce delays of 18 months for some housing developments and limit the suitable sites available for development. As part of its ‘Digital Britain’ initiative the […]

Who owns Mariah Carey’s engagement ring now that the wedding is off?

Teresa Cullen |

The American singer wants to keep the £8million that her former fiancé gave to her. Here is the legal situation. Engagement rings vary from the jelly confectionery ring to the specially commissioned diamond variety. It was once thought that the third finger of the left hand had a special vein leading to the heart, the […]