The Court of Appeal has handed down its decision in a long running dispute concerning the duties owed by a project monitor. Lloyds Bank Plc v McBains Cooper Consulting Ltd, underlines the importance of a cohesive and open relationship between a funder and its project monitor in a development finance transaction. Facts McBains was the […]
On 1 January 2018 the Central London County Court (“CLCC”) commenced a pilot scheme to deal with unopposed business lease renewals pursuant to the Landlord and Tenant Act 1954 (“1954 Act”). Landlords and tenants of Central London properties need to be aware of this. 1954 Act If a tenant occupies premises for the purpose of […]
First legal case raises more questions than answers The first case on liability for the costs of replacing flammable cladding provides little comfort to lessees. The call by a first tier tribunal for the introduction of a warranty scheme to meet the repair costs was made after acknowledging that litigation on this issue is unlikely to […]
Smart contracts are one of the major developments arising out of the distributed ledger and are intended to simplify how contracts are made and executed. This briefing considers what they are and how they fit into the law of contract. What are smart contracts? There is no standard, generally accepted definition of smart contracts but […]
On 26 April, the UK ratified the EU’s Unified Patent Court (UPC) agreement. Although much of intellectual property law and practice is already harmonised amongst EU member states, a UPC would set up a common patent court for the hearing of intellectual property cases, and the direct applicability of its rulings, across all EU member […]
Social media affect nearly every aspect of our lives. Their power reaches throughout the generations, from bullying at school to body shaming and the leaking of information as we progress into adulthood. Latterly, we have seen a rise in revenge attacks, no longer carried out by “poison pen” letters, or old fashioned acts of revenge; […]
Christa Ackroyd, the former presenter of BBC’s Look North television programme, faces a tax bill reported to be more than £400,000 after a tax tribunal ruling delivered earlier this year. Ms Ackroyd was engaged to provide her presenting services to the BBC via her personal service company, Christa Ackroyd Media Limited (CAML) between 2001 and […]
Introduction Delays in property transactions following an exchange of contracts are not uncommon and, arguably, can be more problematic than delays encountered pre-exchange (when neither the seller nor the buyer is yet contractually bound to the deal). Delays can arise for a variety of reasons. Some delays, such as, documents not having been signed on […]
An enterprise management incentive option (EMI option) is a type of employee share option which is a useful remuneration tool for employees in smaller higher-risk trading companies. It also provides for generous tax treatment for both the employee and the company. Since the tax benefits are only available to companies with certain qualifying business activities, […]
Teresa Cullen and Anna Wakeling explore proposals to reform financial provision on divorce, and the potential impact of such measures The Divorce (Financial Provision) Bill [HL] 2017-19 (the Bill), a private member’s bill introduced by Baroness Deech (a crossbench peer), received its first reading in the House of Lords on 3 July 2017, with a […]
Lewis v Tamplin ( EWHC 777 (Ch)) is a useful reminder to trustees and their advisers of the difficulty of resisting requests for disclosure of trust documents from trust beneficiaries, where the purpose of the request is to obtain information about the trust, its assets and the trustees’ stewardship of them, to enable the beneficiaries […]
A recent case has highlighted the importance of updating a buyer or tenant with information received in between issuing replies to enquiries and entering into contracts. The case In First Tower Trustees Ltd and another v CDS (Superstores International) Ltd  EWHC B6 (Ch), the High Court considered a misrepresentation claim brought by a commercial […]
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