Insights: Publications - May 2018

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Statutory compliance: a forgotten covenant?

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Many leases contain reference to specific regulations or Acts of Parliament that the tenant must comply with and in respect of these, the tenant is generally fully aware of their obligations. For example, any well drafted alteration provisions will set out in detail the tenant’s obligations under the Construction (Design and Management) Regulations 2015. The […]


Is software a “good”?

Leigh Callaway |

In a recent decision, the Court of Appeal has determined that the Commercial Agents (Council Directive) Regulations 1993 (Regulations) do not apply when the agent in question is engaged in respect of the sale of intangible property – electronic goods cannot be regarded as such. Thus agents engaged in the sale of electronic items (such […]


Nuisance neighbours

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In multi-let buildings and/or in premises in close proximity, there is almost certain to be a degree of interruption, interference, annoyance or disturbance caused at some stage by one occupier to another or others.  There is only so much of this that can be tolerated especially when this is having an impact on the businesses […]


Insolvency – Challenging pre-pack sales

Tom Bolam |

A ‘pre-pack’ is where a company in financial difficulty arranges the sale of its business before entering administration (a form of insolvency process). Immediately upon the company entering administration, and without first notifying creditors, the administrators sell the company’s assets to a third party. Creditors of the company that has entered administration are only likely to […]


Scaffolding: not to be scoffed at

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Your landlord wants to carry out works to your property which may require the erection of scaffolding; nothing to worry about, surely? Wrong. There are many issues to consider when a landlord wishes to erect scaffolding (or just does it anyway); not least whether your lease permits them to do so. First things first. It […]


Don’t let break clauses fracture your business

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Tenant only break options are a useful way for tenants to give themselves a potential way out of a lease if, for example, there may be a strategic requirement to exit a lease. On the surface, break options seem simple but there are complications within them of which tenants need to be aware. At the […]


Terminating PFI contracts: What it really costs

Kim Fowler |

The rise of Corbynomics and the fall of Carillion have put PFIs in the spotlight. What would terminating such contracts actually involve? At the Labour Party Conference last year, John McDonnell raised the idea that public sector bodies could provide better value for money in certain service areas if the government was to terminate long-term […]


AIM companies must comply with a recognised corporate governance code by September 2018

Nigel Gordon |

Background On 30 March 2018 a revised version of the AIM Rules for Companies (AIM Rules) became effective. The new version of the AIM Rules extends the ambit of the information that each AIM company must include on its website pursuant to rule 26 of the AIM Rules. The new version of the AIM Rules […]