Insights: Publications - June 2016

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Quarter Day - June 2016

Alison Mould |

Updates for real estate professionals

Arbitration or court litigation in England and Wales

Tom Bolam |

Counterparties to a commercial contract with no connection to England often agree that any dispute arising from their contract will be determined by the courts of England. The English courts are accustomed to dealing with cases that have no real connection to their jurisdiction.  When agreeing the form of dispute resolution, parties may be faced […]

‘Amber, Green and Red Surprise’: Conflicts in International Arbitration

Ian Smith |

A recent case in the Commercial Court, which has coincided with our experience of an arbitrator resigning due to a potential conflict, has brought attention to the International Bar Association’s Guidelines on Conflicts of Interest in International Arbitration. The IBA Guidelines are frequently used in the international arbitration arena to consider impartiality and independence. With […]

The death of the annual return


The launch of confirmation statements – getting the content and timing right. The longstanding requirement for companies and limited liability partnerships (LLPs) to file an annual return will be replaced by a requirement to file a confirmation statement after 30 June 2016 under the Small Business, Enterprise and Employment Act 2015. “Persons with significant control” […]

UK needs a fluid immigration policy


Mass immigration is unpopular in Britain. Surveys show that the majority of UK citizens – first and second generation immigrants included – favour reducing immigration. It is consistently ranked as one of the most important issues facing the nation during the referendum on EU membership with Britons seemingly as worried about immigration from within the EU as […]

Business rates - Budget 2016


The burden of business rates was a recurring theme of press coverage in the lead up to Budget 2016. In the event, the Chancellor’s announcements on business rates had a “jam tomorrow” theme, rather than offering any immediate relief to major ratepayers in the UK, whose property taxes are the highest of those in any major […]

Less than final settlement

Christian Charles, Digby Hebbard |

Disputes and differences arise in connection with most construction projects, large or small.  In our experience, a majority are resolved by the parties without recourse to formal dispute resolution, particularly while projects remain ongoing.  Moreover, even the minority which become subject to dispute resolution proceedings appear to us to be settled before determination.  In essence, […]

Notification Injunctions – a new form of injunctive relief


The Court has recently introduced an innovative and constructive form of injunction which gives a claimant prior notice if a defendant proposes to divest itself of assets without having to bear all the burdens that attach to a standard freezing order.  On 29 April 2016 in the case of Holyoake v Candy [2016] EWHC 970 […]

Payment applications: clear as mud…


The recent TCC decision in Jawaby Property Investment Ltd v The Interiors Group Ltd is the latest in a line of cases which highlight the importance of ensuring that payment applications comply with relevant contractual and statutory requirements. Texcel Ltd employed the contractor, Interiors Group Ltd, under an amended JCT Design and Build Contract 2011 […]

The Wadlow Shakespeare?


  For the last couple of years, I’ve been involved with my client Steve Wadlow in his quest to determine whether his family owns what could be the only known proven lifetime portrait of Shakespeare.  It would be particularly topical in this the fourth centenary of the bard’s death. It’s an amazing story of an […]

Corporate beneficial ownership registers – where are we now?

Helena Luckhurst |

In my last blog, I looked at automatic exchange of information regimes and this blog carries on the transparency theme but in the sphere of corporate transparency. Britain is ‘having a transparency moment’, as some might say. Regular readers of this blog will know that Britain has already introduced a public register of beneficial ownership […]

SDLT changes

Gavin Whitney |

Introduction There have been quite a few changes to the Stamp Duty Land Tax (SDLT) regime in the past few years but most of these have focused on residential property.  However, the March 2016 Budget has introduced some significant changes for buyers and tenants of commercial property as well. From “slab” to “slice” Purchases of […]