Insights: Legal Updates - August 2017

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Getting Neymar moving: the legal framework of a soccer transfer

Alan Wetterhahn, James Earl |

With Neymar’s world record move from Barcelona to PSG just one of a host of big-money soccer transfers this summer, Fladgate’s Alan Wetterhahn and James Earl explain the legal processes that make a deal happen. The numbers are mind-boggling. And that was the case even before Paris Saint-Germain paid a world record fee of €222 […]

Japanese knotweed: The nightmare neighbour

Leanne Meredith |

The damage that Japanese knotweed can cause has been highly publicised over recent years. Growing by up to 10cm a day, it quickly covers land above ground, and has the potential to spread widely underground. It is said to spread beneath the foundations of properties and compromise their structure; it can cause cracks, undermine garden […]

Cabbage will get UK porridge – but is it grey enough?

Eddie Powell |

Readers may well be familiar with the regional exhaustion rule which applies to IP rights in the EU, including (for the time being) the UK. Under this rule, IP rights can be exhausted where they are put on the market with the consent of the proprietor in one part of the EU, even if they […]

Veto rights in contracts: can they be exercised freely?

Jamie Hamilton |

Parties to commercial contracts generally assume that the express written terms of a contact will be given effect relatively strictly under English law. However, recent court decisions illustrate the courts’ willingness to look beyond the written terms of contracts and to imply unwritten terms in order to give effect to what they consider to have […]

How to help your non-dom clients with IHT

Helena Luckhurst |

They say change brings opportunity, so the optimists among you can rejoice (maybe) because, thanks to the present government, a whole new range of clients need your advice (perhaps). Why the equivocation? Well, until recently, it seemed certain that changes affecting the taxation of non-UK domiciliaries (non-doms), which were included in the March 2017 version of […]

Legitimate business protection or unenforceable restraint of trade – the problem with post-termination restrictions

Michael McCartney |

Michael McCartney comments on a recent Court of Appeal decision in Egon Zehnder v Tillman highlighting the challenge employers face when enforcing clauses designed to prevent competition from employees after they leave. The Court of Appeal held that a non-compete restriction which purported to prevent Ms Tillman from having an “interest” in a competing business […]

Payment dates – Miss them at your peril!


Two recent cases highlight the importance of ensuring both landlords and tenants diarise important dates in legal documents, especially those which involve payments. It seems obvious on the face of it that dates such as rent payment dates in leases must be met. Yet in practice, it happens more often than one would expect that […]

Adjudication: “pay now argue later”

Christian Charles |

A recent case has clarified when a party may be able to raise a substantive defence to adjudication enforcement. The courts have long made it clear that they will enforce adjudicators’ decisions save in the most exceptional circumstances. In the context of enforcement proceedings, the courts are not concerned with whether the adjudicator got the […]

EU General Court opinion delivers boost to brands selling online

Ben Milloy, Alex Haffner |

You don’t need to be a PR guru to know that branding is all about image. This is never truer than for high-end or luxury brands, which strive to deliver a customer experience that is consistent with, and can be justified by, the price tag. This sensitivity to customer experience is borne out in distributor […]

New protection for pubs


Since the Localism Act 2011, public houses have been the most popular use of a building/land to be protected as an Asset of Community Value (ACV). A list of ACVs is kept by each local authority. If land is added to the list it remains on it for five years. During that time the owner […]

EPCs and minimum energy efficiency standards for private rented properties


The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 (Regulations) introduced measures to improve energy efficiency in both residential and non-residential private rented properties in England and Wales. The purpose of this article is to provide an overview of the changes brought about by the Regulations and to consider their practical implications for […]

CIS taxation: who is caught by the regime?

Kim Fowler |

The Construction Industry Scheme (CIS) regime was introduced under the Finance Act 2004 to regulate tax on payments between contractors and subcontractors for construction work. The regime requires subcontractors to be registered with HMRC in order to receive payments gross (i.e. without deduction of tax). If subcontractors are not registered, contractors are then obliged to […]