Insights: Legal Updates - May 2018

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Is the project monitor to blame?

Oliver Tobin |

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[1], 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 […]


Who should pay for replacing flammable cladding?

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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 they as smart as they sound?

Charles Proctor |

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 […]


European Unified Patent Court agreement ratified by the UK

Eddie Powell |

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 […]


Revenge is a dish best served… on social media?

Teresa Cullen |

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; […]


Independent contractors beware; former BBC presenter faces £400k tax bill after losing IR35 case against HMRC

Mike Tremeer |

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 […]


Ending the 'meal ticket for life'?

Anna Wakeling, Teresa Cullen |

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 […]


Trustees beware – beneficiaries can ask for more trust information than you think!

Helena Luckhurst |

Lewis v Tamplin ([2018] 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 […]


The line between truth and lies

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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 [2017] EWHC B6 (Ch), the High Court considered a misrepresentation claim brought by a commercial […]