Following the changes made to insolvency legislation a few years ago, the main type of insolvency with which we now deal is that of Administration. Law of Property Act Receivers tend to be appointed in relation only to foreign companies, Administrative Receivers are effectively being phased out and Company Voluntary Arrangements (CVAs) are less fashionable. […]
An important change in the planning rules relating to Houses in Multiple Occupation (HMOs) became effective on 6 April 2010. A new planning use of Class C4 (a house in multiple occupation) was created for the occupation of a dwellinghouse by between three and six unrelated occupants living as separate households but sharing basic amenities. […]
Many heads turned when 36 Dutch women dressed in orange miniskirts entered Johannesburg’s Soccer City stadium for the 2010 FIFA World Cup match between the Netherlands and Denmark. When authorities decided that the 36 orange women were guilty of “ambush marketing” and ejected them from the stadium, there was widespread condemnation of FIFA’s overzealous actions. […]
In Enka Insaat v Banca Populaire Dell’Alto and Enka Insaat v Cassa DDI Risparmio DDI Bolzano  EWHC 2410 (Comm) the applicant applied for summary judgment against two banks pursuant to performance guarantees that they had issued. The applicant had entered into a contract with a Russian owner for the design and construction of its […]
Developers, contractors and professionals may be surprised to learn that they can be found liable for contaminated land (and be made to pay the costs of remediation) many years after their involvement with it has ended. Alarmingly, it is possible to be liable even if remediation that met the required standards of the time was […]
The anti-deprivation rule operates to prevent a person’s property being transferred and taken away from his creditors on bankruptcy or winding up. In Perpetual Trustee Co Limited and others v BNY Corporate Trustee Services Limited and others and Butters and others v BBC Worldwide and others  EWCA Civ 1160 the Court of Appeal had […]
The early termination provisions in an International Swap Dealers Association (ISDA) master agreement were held not to be a penalty, which would have made them unenforceable. In BNP Paribas v Wockhardt  EWHC 3116 (Comm) the defendants had defaulted under the terms of the master agreement. That allowed the bank to designate an early termination […]
New health and safety regulations that came into force on 6 April 2010 raise a number of potential issues that developers and landlords may need to be aware of. Tower cranes are essential pieces of plant in the construction industry and, to some extent, it is possible to follow the fortunes of the economy by […]
In our previous article ‘No liability for negligent money laundering suspicion’ we reported the first instance decision in Shah v HSBC Private Bank  EWHC 79 (QB). In that matter, the bank succeeded in striking out a claim against it for damages for wrongfully forming a suspicion of money laundering which resulted in an authorised […]
The Government has been working up proposals for a new levy (the Community Infrastructure Levy or CIL), to sit alongside section 106 agreements, for several years. The Community Infrastructure Levy Regulations 2010 have now finally been adopted and came into effect on 6 April 2010. The regulations confirm that local authorities have the power to […]
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