Insights: Publications - September 2015

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Warranty claims – the importance of getting the notice right

David Robinson |

Introduction The High Court of Justice has recently held in Ipsos SA v Dentsu Aegis Network Limited that a breach of warranty claim must fail because of defects in the notification process for bringing claim. The case is a stark reminder that it is essential to comply with contractual notice provisions in all respects. Background […]

Quarter Day - September 2015


Updates for real estate professionals

By October 2015 it will be harder to recover possession of an Assured Shorthold Tenancy


In April 2012 the Localism Act 2011 brought in various changes which introduced strict requirements for landlords wishing to seek possession of residential property at the end of the term let under an Assured Shorthold Tenancy (AST).  In addition, further changes will come into force on 1 October 2015 which provide further hurdles for landlords […]

Transparency in the UK – new legislation

Sam Tye |

In 2013 the department for Business, Innovation and Skills (BIS), a department of the UK Government, published a discussion paper the stated purpose of which was to increase transparency in relation to the ownership and control of UK companies. The discussion paper set out a range of proposals which were intended to increase transparency so […]

Arbitration awards – time frames and delays

Ian Smith |

Under the new LCIA Rules 2014, one of the aims is to increase the speed and efficiency of arbitrations. However, arbitration awards can take a long time and even be delayed beyond the expected deadline, resulting in frustration for the parties involved and potentially serious financial consequences. International arbitration bodies and their award time frames […]

Deeds of variation: have your cake and eat it


Have you inherited anything in the last two years?  If so, read on. Deeds of variation (Variations) used to be a relatively unknown standard tax planning technique among the general public until, during the election campaign earlier this year, it was revealed that Ed Miliband’s family had put one in place, much to the delight […]

Fashion update - September 2015


Updates for professionals with an interest in the fashion industry.

Age before beauty


The use of underage models in fashion is nothing new. You may recall that, back in the 1980s, Brooke Shields caused something of a stir when she fronted a Calvin Klein campaign aged just 15. However, the issue has come back to the fore recently, following the appearance of a 14-year-old Israeli girl, Sofia Mechetner, […]

Common mistakes in choice of law and jurisdiction clauses

Tom Bolam |

It is very common for non English commercial counterparties to decide that a contract should be governed by English law. The English courts are very used to dealing with litigation that does not involve English parties. Often the contract that has given rise to a claim will not have been reviewed by an English qualified […]

Professional negligence trial adjudication scheme

Janet Keeley |

To err is human and, to the best of my knowledge, property professionals fall within that classification. However, a recognised problem with professional negligence claims is the cost and delay of litigation. The Ministry of Justice has therefore been trialling a voluntary adjudication scheme for professional negligence claims where the damages are up to £100,000. […]

Losing the plot over CGT principal residence relief

Helena Luckhurst |

In the UK, we take for granted that if we sell our main home, we don’t have to pay Capital Gains Tax (CGT).  Yet, selling a home is still a disposal for CGT purposes.  The main thing that prevents a CGT bill from being triggered by a sale of the home is CGT principal residence […]

When should you review your Will?


It is always important to have a Will in place, but if you already have one, there are certain circumstances where it is necessary to review it. Changes to personal circumstances If you marry or form a civil partnership, then your Will is automatically revoked unless you state in the Will that you are making […]