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Money laundering suspicion - update


In our previous article ‘No liability for negligent money laundering suspicion’ we reported the first instance decision in Shah v HSBC Private Bank [2009] 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 […]

Changes to section 106 agreements and the Community Infrastructure Levy

Mark Harnett |

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 […]

Banking newsletter April 2010


Legal updates for those involved in the banking sector.  

Responding to mistaken payment


A bank was held liable for monies lost on a mistaken payment. When it received the payment, it became aware of the alleged mistake but failed to take swift action and to raise all relevant enquiries before allowing a customer to withdraw the funds. In Jones v Churcher and Abbey National [2009] EWHC 722 (QB) […]

Administrator removed from pre-pack


The court has removed an administrator of a firm of solicitors who was closely involved in the negotiations for the pre-pack administration on the grounds that it was difficult for him to conduct an independent review in the face of a challenge by major creditors. In Clydesdale Financial Services v Smailes [2009] EWHC 1745 (Ch) […]

Quarter Day - March 2010


Legal updates for those involved in the real estate sector.

Carbon Reduction Commitment

Roy Perrott |

A brief reminder of what the Carbon Reduction Commitment (CRC) involves, in case you missed our client seminar on this topic earlier this month. Basically, the scheme requires large energy users to offset their carbon emissions by buying carbon allowances from the Government. The scheme comes into force on 1 April this year. Although the […]

Bullying at work


The recent lurid allegations about bullying by the Prime Minister have given rise to many adverse headlines (despite the PM’s denials) and serve as a stark reminder to all employers as to the potential harm to hard earned reputations or brand images which claims for bullying and harassment can cause. This article sets out the […]

Brussels Regulation overrides US pending action


In Catalyst Investment Group v Max Lewinsohn and Others [2009] EWHC 1964 (Ch) the defendants, who were domiciled in the UK, sought a stay of three sets of proceedings on the basis that the most appropriate forum was the Utah court, in the US, where there were pending actions between the same parties and involving […]

Contract administration – the cost of not keeping up to date


Few in the construction industry are having an easy time of it in the current recession, and sub-contractors may be having a worse time than most. Those with long memories, however, may at least be grateful that one of the scourges of the 1990s’ recession – “pay-when-paid” clauses – are almost never seen any more. […]

Is VAT payable on service charges?

John Forde |

HM Revenue & Customs (HMRC) has confirmed that its policy on the VAT treatment of service charges will remain unchanged despite a recent ruling of the European Court of Justice (ECJ) that had appeared to conflict with its longstanding position. In its new guidance, issued on 27 October 2009, HMRC states that its policy remains […]

Recognition of foreign trust bankruptcy


US receivers of a bankrupt trust engaged in a commercial scheme in the US and Canada sought recognition in the English court and also to enforce a US default judgment for US $160,000,000 obtained against certain parties who had taken money from the trust when it was insolvent. In David Rubin and Henry Lan v […]