A break for tenants? Break options and rent refunds

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Online but divorced from reality

By Philippa Dolan No one denies that simplifying the divorce process to make it easier, faster, cheaper and more understandable is a laudable aim. Much has been made of the billion pounds that is apparently being invested in an overall reform programme to ‘modernise the courts and tribunal service’, part of which is being spent […]

Family Court still has teeth: The Hart v Hart case

Mrs Hart was disappointed with her financial settlement. She appealed to the Court of Appeal but the appeal was rejected. Her team had argued that the High Court Judge had not punished Mr Hart for his refusal to be straight about his finances and had based her settlement on the sum that he did disclose, […]

Crypto divorces and the law

With fortunes being won and lost in the space of months, cryptocurrencies are on everyone’s minds and it is inevitable that they are going to form a significant new asset class in many future divorces. But how prepared are lawyers and the courts to deal with them?

Best-laid plans: Onus to obtain consent falls on employer

In Clin ­v­ Walter Lilly & Co Ltd [2018] EWCA Civ 490, the Court of Appeal held an implied term would be implied into a building contract (based on amended JCT terms) to provide for the employer’s obligations relating to planning permission or conservation area consent. On 25 September 2012, Mr Clin (the Employer) engaged […]

Court of Appeal backs Birmingham council in PFI case

The Court of Appeal found in favour of Birmingham City Council (“BCC”) rejecting Amey Birmingham Highways Ltd’s (“Amey”) interpretation of the contract, confirming that the PFI contractor’s road maintenance duty covered the entire current Birmingham road network…

Latest Briefings

Landlord’s threats of legal action amounted to harassment of tenant

The recent Court of Appeal decision in Metropolitan Housing Trust Ltd v Worthington (1) and Parkin (2) alerts landlords to the risk of their dealings with tenants amounting to unlawful harassment.  Housing Management and Litigation experts Karl Anders and Lucie Bryan explain and offer practical advice, which will be of particular interest for social housing providers […]

Cabot SPR appeal: A welcome outcome for unsecured lenders in Scotland

Walker Morris partner Rob Aberdein explains an appeal allowed by the Sheriff Appeal Court which clarifies that the “interventionist and problem-solving approach” required of sheriffs under the new Simple Procedure Rules Simple Procedure Rules (SPR) for low value claims does not extend to undefended claims.  The appeal concerned a number of test cases and will […]

Industry responds to SME access to the FOS

The FCA last week published a suite of responses it has received to a consultation paper (CP18/3) released in January this year setting out the FCA’s proposed changes to the jurisdiction of the Financial Ombudsman Service (FOS) to open the FOS complaints resolution process to small businesses (SMEs). The fourteen responses published come from a […]

Cyber security, separation and self-protection online

Social media has many benefits, enabling us to keep in touch with old and new friends alike, sharing special moments with ‘followers’, organising events or tracking exercise progress. However, there is a dark side to the web.  Every click, post or search adds to your very own digital footprint, this leaves everyone vulnerable to exploitation. […]

Romanian companies will be able to distribute dividends on a quarterly basis

The Romanian Parliament recently approved the Law on the Amendment and Completion of the Accounting Law No. 82/1991, Amendment and Completion of the Companies Law No. 31/1990 and Amendment and Completion of Law No. 1/2005, on the organisation and functioning of cooperative companies. Before entering into force, the law will have to be promulgated by […]

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Employment law 2013 review: employment status

The controversial concept of ‘employee shareholder’ employment status was a hotly fought point in the game of ‘ping pong’ between the House of Commons and the House of Lords during the passage of the Growth and Infrastructure Act 2013. Ultimately, the government-backed provision made its way onto the statute books and came into force on […]

Recent Australian privacy reforms will significantly affect offshore share incentives for Australian employees

By Alec Christie The changes to the Privacy Act 1988 (Cth), including the introduction of the new Australian Privacy Principles (APPs), significantly increase the obligations imposed on an offshore parent or related entity that collects or deals with personal information from Australian residents (i.e. employees) in connection with managing employee share incentive plans. When the […]

Eversheds elects partner Paul Smith as its chairman

Eversheds has elected Paul Smith, a partner and environmental lawyer and litigator at Eversheds, for a four-year term as chairman beginning on 1 May 2014. Smith has defended a number of multinational companies over the years in relation to criminal investigations in the UK, Europe and North America. He is a recognised expert on law firm […]

Allen & Overy advises Heraeus Holding on syndicated credit facility

Allen & Overy has advised Heraeus Holding in connection with a €300m (£250m) syndicated credit facility. Allen & Overy acted as legal adviser for Heraeus. Partner Dr Neil George Weiand (banking and finance, Frankfurt) advised on the transaction.

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