Insights: Legal Updates - September 2018

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The unintended consequences of high rents in long leases

Claudia Carter |

When long leases are granted the intentions of the parties are usually to grant a long lease to the leaseholder, for which a high premium is paid, with a ground rent that varies but is generally nominal when viewed in relation to the premium paid for the lease. However, when the ground rent is looked […]

Restrictions in lease agreements: Competition law matters

Alex Haffner |

The Competition and Markets Authority (CMA) has announced that Heathrow Airport Limited (HAL) has settled a competition law investigation into its lease agreement with a hotel operator, Arora.[1]  The settlement was reached on the basis that HAL accepted it had breached the competition law rules, paid a fine of £1.6 million, and removed the offending […]

Partnering with celebrity chefs: How to get it right first time

Alex Haffner |

Hotels have long recognised the value that on-site restaurants can bring to their offering.  They are increasingly joining forces with celebrity chefs to forge partnerships aiming to run restaurants of distinction and culinary sophistication. Such ventures work best when they are framed as a genuine partnership, designed to ensure that the joint brand is worth […]

No preference for European migrants post-Brexit?

Kelly Whiter |

The MAC has released its long awaited final report on EEA Migration in the UK setting out its recommendations for the UK’s immigration system post-Brexit. In summary, perhaps surprisingly, the MAC has concluded that no preferential treatment should be given to EEA workers unless this is being considered as part of a trade agreement. They […]

Internal investigation documents – should you hand them over?

Victoria Prince |

Affirming the scope of professional privilege, the Court of Appeal has confirmed that certain documents generated in internal investigations carried out prior to court proceedings are protected by litigation privilege. Its decision in The Directors of the Serious Fraud Office v Eurasian Natural Resources Corporation Limited[1] provides useful guidance on what investigative documents will be […]

The appeal of being prepared to appeal

Alice Morrissey |

In 2015, Zipporah Lisle-Mainwaring caught the attention of the Daily Mail when she painted her Kensington townhouse in a striking red and white candy stripe colour scheme.  The property was the subject of a long-running planning dispute between Ms Lisle-Mainwaring and her disgruntled neighbours who objected to her application to demolish the property.  The Daily […]

Has the European Parliament put the internet into reverse?

Alan Wetterhahn, Thomas Edwards |

The European Parliament has recently voted in favour of a controversial new Directive relating, among other things, to use of copyrighted materials on the internet. The lead-up to the vote has been hugely divisive. Support for the approach adopted by the proposed Directive has largely come from artists, authors and creators of content. They argue […]

Personal data: a global commodity subject to regional rules

Eddie Powell |

The introduction within the EU of the General Data Protection Regulation (GDPR) led to frantic scrambles in the EU to achieve compliance. Such behaviour is understandable, given how easily a complaint may be made to a supervisory authority about organisations which allegedly breach data protection rules: in Britain, the Information Commissioner’s Office (ICO) has provided […]

The (in)adequacy of ATE policies as security for costs

Victoria Prince |

After the Event (ATE) insurance policies provide many advantages to parties to litigation. By providing cover for the adverse costs risks inherent in litigation and, in some cases, cover for the insured’s own costs and disbursements, ATE policies allow parties to have access to justice which they might otherwise be denied. Such policies may also […]

Which litigation documents can non-parties obtain?

Victoria Prince |

Legal proceedings and the documents they generate are often of interest to third parties. There may be public interest in these documents due to the subject matter of the proceedings or the proceedings may be relevant to private or commercial interests, for example those considering bringing similar claims against the same or related parties. While […]

Duty of care – buyer beware!

Oliver Tobin |

A recent decision of the Technology and Construction Court (TCC) has emphasised the challenges a claimant faces establishing a duty of care in the absence of a contractual relationship. In BDW Trading v Integral Geotechnique[1], the TCC found that a where a consultant prepared a report in respect of a site to be sold for […]