Insights: Publications - November 2015

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Rights of light

Roy Perrott |

Rights of light can be a significant barrier to development, especially in built-up areas.  What exactly is a “right of light” and what steps can be taken to deal with them? What is a right of light? Our legal system has long recognised the concept of a “right of light”.  It is a type of […]

It’s the most wonderful time of the year…

Teresa Cullen |

It’s not yet December and we are inundated with the Christmas adverts ranging from dogs in woolly jumpers to the lonely old man on the moon saved by the cute, kind hearted little girl with her very own telescope. Whilst we may like to think that Christmas is always perfect, the reality, particularly for those […]

Changing a contract with a public authority: beware


If you have entered into a long-term contract with a public body, you may think it is open to you and the public body to seek to renegotiate its terms.   However, if the new terms mean that the contract is “materially different in character” from the original you may find that an argument is raised […]

No jurisdiction for creditors who have proved elsewhere


In Stichting Shell Pensioenfonds v Krys [2014] UKPC 41, the Privy Council has held that where a company was being wound up in a jurisdiction where it was incorporated, and where a foreign creditor had submitted a proof of debt to the liquidators, that creditor had submitted to the jurisdiction of the administering court, and […]

An attack on non-doms: IHT extension for UK residential property owned offshore


The Chancellor announced in the recent summer budget that the Government intends to bring all UK residential property held directly or indirectly by non-doms into the scope of UK Inheritance Tax, and this would include such property owned through an indirect structure such as an offshore company or trust.  One reason holding UK residential properties […]

Sending personal data to US companies: Safe Harbor shenanigans

Alan Wetterhahn, Eddie Powell |

Executive summary UK businesses which transfer to or share with US companies any databases containing personal data have to comply with rules set out in the Data Protection Act to ensure that the transfer or sharing protects the individuals’ privacy rights. One way of doing this was a voluntary scheme set up by the US […]

Who monitors the monitor?


Depending at which point of a commercial development’s chain of command you sit, you may have thought that the role of monitoring surveyor is straightforward enough. The monitoring surveyor is engaged by a party (generally a funder but also forward purchasers and tenants), and then left to get on with the job. But, as usual, […]

This is so much more than redevelopment!

Alison Mould |

Article 4 in our series of articles on the Landlord and Tenant Act 1954 This is part of the series of articles we have published this year regarding the Landlord and Tenant Act 1954, and in particular the grounds a landlord can use to oppose an application for a lease renewal by a tenant.  In […]

Challenging customs


Ivory is a complicated subject, legally and morally. The killing of elephants for their tusks is abhorrent and doing so, and trading in ivory, are internationally outlawed.  Where it gets problematical is with art and antiques.  Since prehistoric times, ivory has been used to create objects of art, or components such as piano keys, or […]

In good faith: fair or foul?


And so ends a Rugby World Cup of highs and lows and bitter disappointments for the home nations. As the “sport played by gentlemen”, the concept of “playing fair” is well ingrained in the rugby tradition (or is meant to be by all accounts).  However, does a similar concept apply in English contract law? Traditionally, […]

UK residential landlords – significant tax changes may lie ahead

Helena Luckhurst |

The Government has passed legislation which will increase UK tax bills for most individuals (whether UK resident for tax purposes or not) owning UK residential let property, where the property has been part financed through mortgage debt. The changes take effect from 6 April 2017.  Those with high gearing and significant interest payments will be […]

One Belt, One Road – addressing legal challenges to harness global opportunity in the rail sector


The “One Belt, One Road” (OBOR) initiative – or the “new Silk Road” as it is often referred to – is China’s grand vision for the creation of co-ordinated trade routes on both land and sea.  Spanning 65 countries, when completed it would give industry freight access to over 60% of the world’s population and […]