Latest Briefings

Approval of liquidator’s remuneration: a tale of two reporters

A recent Sheriff Court judgment is the latest decision to consider the role and remit of the court reporter in a liquidation which, unusually, involved the court appointing two reporters. In Scotland, the Insolvency (Scotland) (Receivership and Winding Up) Rules 2018 provide that where there is no creditors committee, the remuneration of a liquidator shall […]

Variation to an office lease to allow use as a private members’ club

The Upper Tribunal has allowed a variation to a lease that restricted the use of a property to office use (with minor residential use) so that the tenant could implement a planning permission to convert the property into a private members’ club. Background A user clause in a lease is a restrictive covenant. If the […]

Tax now payable much sooner following a disposal of residential property

From 6 April 2020 significant changes will be made to the deadline for paying capital gains tax (CGT) and filing tax returns in respect of disposals by individuals and trusts of UK residential property. Taxpayers and advisers need to be aware of these changes now. UK property disposals prior to 6 April 2020 Previously, UK […]

Coronavirus job retention scheme: pensions aspects

When considering how to use the coronavirus job retention scheme (CJRS), employers may be wondering what this means for pension contributions and auto-enrolment obligations. This update considers some of the issues. How the CJRS works To access the CJRS an employer will need to designate affected employees as furloughed workers, notify the employees of this […]

Competition law – welcome guidance in a time of crisis

The Competition and Markets Authority (CMA) has published helpful guidance on how it will apply competition law in light of COVID-19. Meanwhile, the government has taken the unprecedented step of relaxing competition law in certain sectors. In the round, these developments offer welcome guidance and comfort – but they also serve as a timely reminder […]

Recommended

College axes new LPC course

NOTTINGHAM Law School has been forced to axe its evening LPC course following changes to the curriculum which could force other colleges to follow suit, threatening access to legal education. Students at the college are furious that the course, which was being advertised until the beginning of December, has been suddenly dropped. But the Law […]

Litigation Recent Decisions 07/01/97

Unfair trial where defendant is forced to incriminate himself Ernest Saunders v The United Kingdom, Application No 19187/91 (1994) Court: ECHR (R Bernhardt, President and Judges Thor Vilhjalmsson, F Golcuklu, L-E Pettiti, B Walsh, A Spielmann, J De Meyer, N Valticos, SK Martens, E Palm, R Pekkanen, AN Loizou, JM Morenilla, Sir John Freeland, L […]

Effective Advocacy, Noel Shaw, Sweet & Maxwell £12.95

It is surprising a book of this kind has not been published before. The court experience that a novice advocate receives during pupillage varies considerably in quantity and quality, so that the first months of exposure to a tribunal of law can be famously painful. Noel Shaw’s text is not a legal treatise; instead, it […]

Setting Mears straight

Mr Mears’ Viewpoint article on the Law Society’s Disbursement Funding Scheme fundamentally misunderstands its practicalities, which we have designed with the Law Society to meet the clearly articulated needs of many of its members. Mr Mears is also wrong when he states that under the Financial Services Act a solicitor would be required to advise […]

Fishing dispute enters stormy waters

The international fishing rights war is scheduled to move into the High Court this summer. The timetable has been drawn up for a major legal battle to take place over a multi-million pound compensation claim by Spanish fishermen. The fishermen have already won a ruling from the European Court of Justice that they were unlawfully […]

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