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Section 106 Agreements between developers and local planning authorities outlining obligations in relation to new developments are currently subject to statutory time limits at the negotiation stage.
Judicial review: recent reforms download
Certain judicial review reforms reforms – that attracted fierce debate in Parliament and within the legal profession – have now received the Royal Assent. They will be significant to many and a concern to some.
When Gordon Ramsay sought a declaration that he was not bound by the guarantee in a lease the issue was whether he had authorised a signature by his father-in-law. But the father-in-law was not called to give evidence.
The overriding objective of the Civil Procedure Rules is that cases must be dealt with “justly and at proportionate cost”. Now costs cases are coming through thick and fast, what key principles and tips can we derive?
A contracting party always wants to protect itself against the breach of its counterparty. But two recent cases show that parties can shoot themselves in the foot if they complete a clause that amounts to an unenforceable penalty.
We now have the advocate-general’s opinion in the ‘Woolworths’ case.
Jackson, Denton, Mitchell… anyone involved with civil litigation over the last two years will have heard these names repeatedly and will be aware of their importance to compliance with the new rules.
While a headline glance at the Supreme Court’s judgment in this long-running case might give developers some encouragement a closer look reveals that the issues in play are not quite so straightforward.
It is often said that there is a thin line between madness and genius. That was demonstrated neatly by the tenant in the recent case of Hough v Greathall.
FCA to launch market study to assess competition in investment banking and corporate services download
On 19 February 2015, the FCA published its initial findings into potential competition concerns.
This checklist may assist in ensuring your organisation is ‘ShPL ready’.
Litigation privilege: what is it and how can you protect it? A checklist for directors and managers download
Claiming privilege over a document is a valuable right for a potential litigant, however litigation privilege can be lost or not even arise at all.
This briefing includes information on EIA thresholds, neighbourhood plans and third-party consultation.
The Court of Appeal has clarified how a party’s beneficial interest in a property in which she had lived with her partner should be assessed, and whether or not her interest took priority over the mortgagee’s.
The latest statistics for 2013/14 published by the Health and Safety Executive (HSE), pleasingly suggest that there is a downward trend in workplace fatalities and injuries.
The last few months have seen many announcements in relation to changes expected in the employment law arena.
Oral agreements are binding – but can give rise to problems.
The Waste (England and Wales) Regulations, which came into effect on 1 January 2015, apply not only to waste authorities and waste contractors, but also to businesses that produce waste.
Third-party consultee involvement and procedural steps to change following technical consultation download
Having already issued four reports detailing the outcome of its ‘Technical Consultation on Planning’, the Department for Communities and Local Government has outlined further changes that are to take effect.
New regulations coming into force on 26 February replace public contracts regulations of 2006.
New rules on company names download
The Company, Limited Liability Partnership and Business Names (Sensitive Words and Expressions) Regulations 2014 (the Regulations) came into force on 31 January 2015.
A new set of accounting standards came into force in the UK on 1 January 2015, replacing all existing accounting standards.
The issue in Eurasian Natural Resources Corporation plc v Judge concerned a claim by an employer for delivery up of confidential information by a director upon termination of his appointment.
The Financial Conduct Authority has fined Reckitt Benckiser Group plc £539,800 for a number of breaches of the listing rules and the disclosure rules and transparency rules.
This edition of Foresight outlines legislative and regulatory changes relating to company law expected to come into effect in 2015. With a little Foresight, Walker Morris can help you plan ahead.
In his Autumn Statement, the Chancellor announced the Government’s intention to stop the practice of using schemes of arrangement involving a reduction of capital to effect a takeover of a public company.
The use of ‘cash shells’ with a quotation on the London Stock Exchange is a tried and tested way of generating the cash to fund an acquisition trail.
The Government has been consulting on draft regulations containing a new reporting requirement on payment practices and policies.
New rules on corporate directors download
The Small Business, Enterprise and Employment Bill is currently working its way through Parliament and is likely to become law in the Spring.
The case concerned the sale by Topshop of T-shirts bearing an image of the popstar Rihanna.
Design right infringement in gilets download
In DKH Retail Ltd v H Young (Operations) Ltd, the Intellectual Property Enterprise Court (the IPEC) had to determine whether an Animal-branded hooded gilet infringed Superdry’s unregistered design right.
Ice cream vans may not be an obvious inspiration for intellectual property litigation but they were the focus of the recent High Court judgment in Whitby Specialist Vehicles Ltd v Yorkshire Specialist Vehicles Ltd.
Database right and former employees download
Medical Innovations Ltd v Eakins was a summary judgment application in litigation between an employee and his former employer.
What a RANDOMS decision download
Nestlé is the registered proprietor of two Irish trademarks, the word mark RANDOMS and the slogan LET YOUR RANDOM SIDE OUT in respect of confectionery.
The CJEU has ruled on whether jurisdiction is conferred on the courts of an EU member state to hear an infringement action where an allegedly copyright-infringing image is accessible on a website in that member state, but the website is hosted in another member state.
In International Stem Cell Corporation v Comptroller General of Patents ISCC made two UK patent applications relating to human stem cells.
Trademarks: registry review download
Walker Morris’s review of trademarks includes information on the marks PIANISSIMO, TERRAFLEX, KENZO and SURBURBIA...
China's patent targets for 2020 download
The Chinese government has recently announced a policy decision to treble the number of patents filed by local Chinese inventors by the year 2020.
The draft order empowering the Groceries Code Adjudicator to fine supermarkets has been laid before Parliament.
The Court of Appeal has given clear and helpful guidance as to the legal position when two or more known or foreseeable factors may combine to produce an abnormal event.
In view of the imminent changes, the aim of this article is to provide a ‘ShPL ready - checklist’...
Involuntary bailment — the duty of care owed by the mortgagee on execution of a possession warrant download
What do you do when you take possession of a house and the former occupier has left various items of theirs behind?
Equity of exoneration — joint mortgagors do not necessarily have joint responsibility for the secured debt download
It is a not uncommon situation — the family home is jointly mortgaged to secure the debts of a family member’s business.
Plevin v Paragon — non-disclosure of the amount of PPI commission paid to the lender rendered its relationship with the borrower unfair download
The Supreme Court has ruled that non-disclosure of the significant amount of commission earned by a lender created unfairness in the borrower’s relationship with it.
Should I stay or should I go? The position of a joint tenant whose partner has served a notice to quit download
Karl Anders looks at the latest in a line of cases where the highest national and European courts have considered the impact of human rights legislation on domestic possession proceedings.
Lending into the UK is set to become easier for overseas investors thanks to the removal of UK withholding tax from interest paid to investors in ‘private placements’.
When considered practically, the logical approach would be that a property is worth however much people are prepared to pay for it.
Case update: a chattel or a fixture? download
The degree and object of annexation were the key principles for the High Court to consider in the recent case of Lictor Anstalt v Mir Steel UK Ltd and Libala Ltd.
The issue was who should bear the cost of rates liabilities where a lease has been disclaimed and the landlord has not re-entered the property.
A legal charge may be invalid if it is not properly executed but a lender can still rely on it as equitable security download
In the recent case of Bank of Scotland v Waugh the High Court considered the execution of a legal charge and the impact of signatures on the document not having been witnessed.