The government further strengthens its commitment to industrial and provident societies

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New online court may improve chances of tenancy arrears recovery

By Karl Anders and Lucie Bryan On 6 April 2018 HMCTS publicly announced the launch of a new online service to allow members of the public and businesses to issue money claims, resolve disputes and access mediation via a new online claims service. Known as Civil Money Claims, and available for money claims with a […]

Unprecedented sector changes for housing standards

By Karl Anders and Lucie Bryan The Homes (Fitness for Human Habitation and Liability for Housing Standards) Bill passed its Second Reading at the beginning of 2018. The Bill has support from both landlord and tenant-focused organisations, who are eager for it to pass into law. Housing Management and Litigation experts Karl Anders and Lucie Bryan […]

Anti-variation clauses: Valid after all

By Gwendoline Davies  In 2016 the Court of Appeal ruled that anti-variation clauses in commercial contracts had no legal effect and that contracts could be varied despite prior express restrictions to the contrary.  That has now been unanimously overturned by the Supreme Court in MWB Business Exchange Centres Ltd v Rock Advertising Ltd.  Walker Morris’ Head of […]

Independent review of building regulations and fire safety

The catastrophic events of the evening of 14 June 2017 which led to the tragic loss of 71 lives at Grenfell Tower has cast a spotlight on the system relating to the design, construction and maintenance of high-rise and complex buildings. In the wake of the disaster, the government announced an independent review of building […]

Latest Briefings

Update on EC proposals to amend UCITS, AIFMD, EuVECA and ELTIF to facilitate cross-border distribution

On 12 March 2018, the European Commission issued a proposal for a new regulation (the Regulation) and a new directive (the Directive) concerning the cross-border distribution of collective investment funds amending inter alia UCITS (the UCITS Directive), AIFMD, EuVECA and EuSEF (the Proposals). Please find below a summary of the main changes under the Proposals. What will change under the Proposals?

MEES: What information is required to register an exemption?

By Maria Connolly Since 1 April, it has been unlawful for a landlord to let a property with an EPC rating of below E, unless an exemption has been registered on the PRS Exemptions Register. The government has released guidance on the evidence required to register an exemption on the PRS Exemptions Register…

Getting the Deal Through: Fund Management 2018, Luxembourg edition

Fund Management traces the regulatory and legislative obligations facing fund managers balancing the need to maximise investment returns whilst also ensuring adequate investor protections in an increasingly challenging regulatory environment. Topics are written by leading experts and include: authorities responsible for fund regulation; licensing processes; territorial scope of regulation; required authorisations of fund marketing activities; […]

Financial Regulatory News Updates – April 2018

The Financial Regulatory News Updates: an overview in which Loyens & Loeff’s Banking and Finance Practice Group highlights recent legislative developments and publications of supervisory authorities in the financial markets…

Dutch coal exit proposed by new draft bill

On 19 May 2018 the Minister of Economic Affairs and Climate Policy (hereinafter: ‘the Minister’) published its draft bill (in Dutch only) on the Prohibition of the use of coal by power producers for public consultation (hereinafter: ‘the draft bill’). The basis of the draft bill derives from international (the Paris Agreement in 2015) and national (the […]

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Charity Commission issues revised public benefit guidance

On 16 September 2013, the Charity Commission published its revised public benefit guidance for all charities. The guidance was previously contained in a single document called ‘Charities and Public Benefit’ together with supplementary guidance on ‘Public Benefit and Fee-charging’. The Charity Commission withdrew parts of this guidance in December 2011, following the decision of the […]

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Merit based salary or top dollar – what is the best method for remunerating those starting out in law? If you want to feel old, dig into your memories box and take a look at your first pay slip as a qualified solicitor. Now look at the current going rate for an NQ. Subtract the […]

The Pensions Regulator’s Code of Practice on defined-contribution pensions schemes

By Suzanne Burrell The Pensions Regulator’s Code of Practice: Governance and Administration of Occupational Defined Contribution (DC) trust-based pension schemes was laid before Parliament in July 2013. It is due to come into effect on 21 November 2013. Following the Pensions Regulator’s consultation on DC provision, the Pensions Regulator had identified gaps in the existing […]

Exercising a contractual discretion and the obligation to act in good faith

When parties agree to include discretionary rights in their agreement, one party will have the right to determine the outcome of some matter in prescribed circumstances. It is well established, however, that the courts have sought to influence the operation of discretionary provisions by imposing obligations of good faith on commercial players in certain situations. […]

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