Insights: Legal Updates - November 2016

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Supreme Court considers penalty clauses

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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 […]


Brexit countdown – Don't bank on a passport

Charles Proctor |

Philip Hammond’s autumn statement earlier this week arguably could have been renamed the “autumnal statement” since the chancellor’s underlying tone suggested the UK is entering a period of gradual decline and slowdown. Does a Brexit Winter lie ahead? And if so, how can we prepare for it? Charles Proctor, a partner at City of London […]


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

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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: […]


Appointing joint attorneys? Here’s a welcome clarification of the law

Helena Luckhurst |

Lasting Powers of Attorney are an essential wealth management tool for anyone who directly holds UK assets and can name at least someone whom they trust to take decisions on their behalf. They are often made by individuals concerned about who would continue to make decisions about their finances or their health and welfare if […]


Hard Brexit and the banking industry

Charles Proctor |

It is now clear that the United Kingdom is committed to Brexit, although the nature of any continuing relationship with the remainder of the EU remains to be negotiated. However, it seems unlikely that the current EU passporting system for the financial services industry will continue to apply to UK institutions, or to EU banks […]


Planning update on housing

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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

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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

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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 […]