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Latest Briefings

Future of public procurement in UK in the event of ‘no-deal’ Brexit

By David Kilduff, Richard Auton or Richard Butterworth On 13 September 2018, the UK government published further guidance on the future of public procurement in the UK in the event of a “no deal” Brexit. What next for UK public procurement? Under current rules, all procurement opportunities that fall within the scope of the EU procurement […]

Third party redevelopment – Landlord may oppose tenant’s lease renewal

By Matthew Lonergan, Lucy Shepherd A recent case has confirmed that a landlord was entitled to oppose its tenant’s lease renewal under the Landlord and Tenant Act 1954 where redevelopment of the site was to be undertaken by a third party. Background The case of Santander UK PLC v LPS Estates Ltd concerned the security of […]

Sunset of £500K, dawn of GDPR enforcement and horizon of Brexit

By JP Buckley In just a short space of time, the ever-evolving world of data protection and cyber has seen yet more change: 1. Potentially one of the last enforcement actions under the Data Protection Act 1998 against Equifax – and a maximum £500,000 fine for them for failing to secure UK citizens’ personal data against […]

Officer of judgment debtor can be committed for failure to provide information under CPR 71 – Court of Appeal

Deutsche Bank AG v Mr Alexander Vik [2018] EWCA Civ 2011 This judgment is the latest instalment in the long-running litigation between Deutsche Bank (“DB”) and the Monaco-based billionaire, Alexander Vik. In 2008, Mr Vik’s personal investment vehicle, Sebastian Holdings, Inc. (“SHI”), incurred huge debts to DB after it made a series of heavily loss […]

BVI to implement changes to rules governing SPCs registered under BCA

By Michael Killourhy The British Virgin Islands (BVI) will shortly implement some important changes to the rules governing segregated portfolio companies (SPCs) incorporated or registered under the BVI Business Companies Act, 2004 (BCA). These changes, introduced by the BVI Business Companies (Amendment) Act, 2018 (the 2018 BCA Amendment Act) will come into force on 1 October […]

Recommended

Stephenson Harwood to expand Madrid venture

Stephenson Harwood has recruited a senior assistant from Garrigues Andersen and plans to take on three more lawyers later this year to expand its eight-lawyer Madrid office. Commercial property specialist Fernando Rodr’guez Mar’n will join as a partner to head the firm’s property practice. Kenneth Bonavia, managing partner of the office, said that he planned […]

US victory fuels Jewish victims' hope

The settlement in the US by Swiss banks to compensate wartime Jews could fuel action in the UK, reports James Boxell. The billion-dollar legal action in the US brought by 31,000 Holocaust survivors and their relatives against several Swiss banks has finally been brought to a close. The $1.25bn (£800m) settlement agreed by Union Bank […]

SIF: the system on trial

The Solicitors Indemnity Fund (SIF) with a £450m shortfall, stands accused of failign in its duty to the legal profession. The Law Society’s Appleby Committee Report recommended reforming SIF by splitting it up into a number of different funds. Earlier this year, the November Group commissioned brokers Nelson Hurst & Marsh and Robert Fleming Professional […]

Nicholas Yell on wives' reliance on an O'Brien defence. Nicholas Yell is a barrister at 1 Serjeants' Inn, the chambers of Edward Faulks QC.

ON 31 July in the Court of Appeal, Lord Justices Stuart-Smith, Millett and Morritt gave a seminal judgm- ent on wives’ entitlement to rely upon Barclays Bank v O’Brien defences, in particular when previously advised by a solicitor (Royal Bank of Scotland v Etridge). Eight appeals were considered and the outcome shows the difficulty for […]

Environmental law needs clean-up

Vincent Sen says the property industry must take action to counter the legal fudge surrounding contaminated land. Vincent Sen is managing director of ICC Site Search. Since July 1995, when the Environment Act received royal assent, the property industry has been pushing for legislative clarification of contaminated land liability. The Government’s recent proposal to reduce […]

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