Insights: Legal Updates - May 2017

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“Multi-let-tricity” – electrifying changes

Aditi Sawjani |

“Electricity” – a song written by Elton John and Lee Hall for Billy Elliot – reveals young Billy feeling “electricity, electricity, sparks inside of me, and I’m free, I’m free”. Some tenants of multi-let buildings may also feel as free as Billy, knowing they may be free to choose their own energy supplier. In 2008, […]


Commercial litigation: Asset-stripping and judgment avoidance

Leigh Callaway |

The ruling in Marex Financials provides a new useful tool against third parties dissipating a judgment debtor’s assets, says Leigh Callaway In a judgment that will be of interest to judgment creditors and debtors alike, in Marex Financial Ltd v Sevilleja Garcia [2017] EWHC 918 (Comm), Mr Justice Knowles considered whether a shadow director who […]


Royal Assent received for the Digital Economy Act 2017

Eddie Powell, Michelle Waknine |

New legislation introduced to extend digital connectivity, regulate direct marketing and protect consumers from unexpected phone bills and ticket bots. The Digital Economy Act 2017 (Act) has officially made its way into UK law.  The Act addresses some of the many issues arising in conjunction with the surge in use of technology, digital media and […]


The changing landscape of real estate taxation

Neal Todd |

Many occupiers pay their rent to offshore landlords. For decades it has made good tax planning sense for landlords – and other owners of UK real estate – to be based offshore. Holding a land interest from outside the UK has historically allowed appreciation in the value of property to escape UK tax. And whilst […]


Spotting potential deal killers

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We are all used to problems cropping up during the course of a property deal, so the ability to mitigate these as much as possible in advance can be crucial. An increasingly regular issue seems to be that of insurance broker letters. Engaging a broker at the earliest opportunity in a deal is key. We […]


Rights of way – What limitations can landowners impose?

Adam Baker |

Landowners whose property is subject to rights of way, either for the benefit of owners of adjoining land or for their own occupational tenants, will often want to manage the land over which the rights are exercised.  In particular, there may be good reasons to install security measures, such as gates or bollards, to ensure […]


Protecting personal representatives: interim estate distributions

Helena Luckhurst |

How should a personal representative (PR) deal with a request from a beneficiary for an interim distribution before the estate is finalised?  Estates can take many months to conclude but a beneficiary may be in need of some of their inheritance sooner.  Can an executor help out without putting him or herself on the line? […]


Overpayments, recovery and settlement: Graham Leslie v Farrar Construction

Ian Smith |

A recent case demonstrates the importance of having a written agreement in place, no matter how tempting it may be to solely rely on oral terms. Graham Leslie v Farrar Construction Ltd is a Court of Appeal decision regarding the recovery of overpayments made to a contractor. Mr Leslie and the contractor, Farrar Construction, entered […]


Liberty Media looks to embrace digital to revitalise Formula One

Mark Buckley |

Is Formula One about to turn a corner? Following the acquisition of Formula One by Liberty Media, Mark Buckley and Thomas Maw of Fladgate LLP assess the potential for Formula One to reinvent itself under new leadership, the opportunities presented by digital media platforms and new sponsorship models in order to engage with new audiences […]


Determining expenses and remuneration priorities: Legal Q&A

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We explain the risks facing administrators when dealing with their remuneration and administration expenses. Please click here for PDF of article.  


JCT contract updates in three easy steps

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There are new clauses in JCT contracts that require careful consideration. Some important changes have been introduced in the latest updates to the Joint Contracts Tribunal (JCT) suite of standard form contracts with which users must become familiar. The updates will affect most construction projects in the UK, where JCT contracts remain the most commonly […]


Rights to light claim – Developer’s “un-neighbourly” conduct results in an injunction

Amanda Hado-Bodfield |

Overview The Court of Appeal upheld an injunction against a developer sought by a neighbour whose right to light had been infringed by an external staircase which the developer had erected in breach of an undertaking it had given to the neighbour. The Court dismissed the developer’s appeal and held that, in the circumstances, the […]