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Cobbetts LLP

58 MOSLEY STREET, MANCHESTER, M2 3HZ, ENGLAND

Tel:: Work 0845 404 2404
Fax:: Fax 0845 404 2414
DX:: 14374 MANCHESTER-1

Web:: www.cobbetts.com
Email:

Manchester, London, Leeds, Birmingham

Cobbetts LLP is a leading full-service commercial law firm, recognised for both its strong international capabilities and established presence in the UK. Its focus is firmly on delivering innovative solutions in key legal practice areas and specialist sectors to a wide range of private, corporate and public sector clients.

Cobbetts successfully blends assurance and integrity with innovation and commercial awareness. This has been highlighted in the firm’s numerous successes, including being awarded the Financial Times Innovative Lawyer of the Year Award 2010 and also being voted one of the top two real estate practices in the country in the 2010 Legal Week Client Satisfaction Survey. Firms were assessed and ranked by individual practice area, with Cobbetts the only national firm to make the top five.

The firm: Cobbetts has offices in the key financial cities of Birmingham, Leeds, London and Manchester. In 2010 Cobbetts International was established to facilitate cross-border co-operation with other professional services firms, with an initial focus on the Middle East and Africa. Cairo-based El Said, Darwish & Partners is the first overseas member and is now known as Cobbetts International Cairo. Cobbetts is also a member of the State Capital Global Law Firm Group.

In addition, the firm has many bilingual lawyers and a German/Swiss team, which includes dual-qualified lawyers, with extensive experience of practising outside the UK. Cobbetts also maintains a regular presence in Brussels.

The firm’s extensive client base includes major UK and international clients, private individuals, emerging enterprises to global businesses, financial institutions, public sector bodies and large private companies.

Types of work undertaken: Cobbetts is a full-service law firm and its expertise and specialist knowledge incorporates: corporate finance; private equity; taxation; EU competition; state aid; banking and finance; business restructuring and insolvency; asset-backed lending; property finance; commercial; technology, media, trade and infrastructure; ICT and media; IT and IP; low-carbon energy; public sector; education; health; local government; co-operative and mutual services; dispute resolution; banking litigation; debt recovery; employment; pensions; HR advisory service; real estate; construction and engineering; property litigation; planning and environmental; social housing; regulatory; licensing; private client; charities; wills, wealth management and family law; regeneration and renewal; international services.

Breakdown of work %
Dispute resolution 30
Property 24
Corporate 16
Employment 9
Banking and insolvency 8
Incasso 5
Commercial 8

Number of UK partners 80
Number of other UK fee-earners 180

Above material supplied by Cobbetts LLP.

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Legal Developments by:
Cobbetts LLP

Original tenant liability

It is well known that, until 1996, an original tenant or guarantor remained liable on the tenant covenants under a lease until the end of the lease term. The same was true of assignees, provided that there was a licence to assign containing appropriate covenants from the assignee.  

- Cobbetts

Legal Developments in the UK

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to

HOUSING

In Nzinga Maswaku v Westminster City Council [2012] EWCA Civ 669 the Court of Appeal clarified that in offering a homeless person with alternative temporary accommodation the local authority is obliged to point that if the offer is refused it has discharged its Part VII duties under the Housing Act 1996.

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COUNCIL TAX

In Harrow LBC v Ayiku [2012] EWHC 1200 (Admin) Sales J held that the word “or” in the Council Tax (Exempt Dwellings) Order 1992, art 3 Class N, had a disjunctive meaning, therefore it was sufficient for the non-British spouse of a foreign student to satisfy one or other of the two conditions, namely being prevented from taking paid employment or being prevented from claiming benefits, in order to qualify as a “relevant person” who was exempted from liability to pay council tax.

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QUEEN’S SPEECH

Bills already introduced pursuant to the Queen’s Speech on 9 May 2012 include Local Government Finance Bill and Electoral Registration and Administration Bill, both accompanied by Explanatory Notes, which in each case address ECHR compatibility.

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Standards

In R (Calver) v Adjudication Panel for Wales [2012] EWHC 1172 (Admin) Mr Calver was a member of Manorbier Community Council who successfully challenged the decision of the Panel to dismiss his appeal against a decision by Prembrokeshire County Council Standards Committee censuring him for a number of comments or blogs posted by him on a website he owned and controlled.

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A justified retrospective

Clive Sheldon - QC debates the pros & cons of retrospective tax legislation

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Public Sector Equality Duty (“PSED”)

In R (Greenwich Community Law Centre) v Greenwich LBC [2012] EWCA Civ 496 the Court of Appeal held that the Council had had “due regard to the PSED when making changes to its funding of community legal advice services”. At para 30 Elias LJ said:

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Public Sector Equality Duty

Surrey County Council conducted a review of its Library Service. This culminated in a Report to the Council’s Cabinet. The Recommendations in the Report included that there should be consultation about a community-partnership approach at selected Libraries.

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Judicial Review

The Judgment of Lindblom J in The Manydown Co Ltd v Basingstoke and Deane BC [2012] EWHC 977 (Admin) repays attention. The Claimant sought to challenge by judicial review 2 decisions of the Council: (1) the Council’s refusal to reconsider its position on the development of a site that it owns (and is the subject matter of a Joint Development Partnership Agreement with the Claimant); and (2) a decision of the Council’s Cabinet approving a selection of sites for development which did not include this site.

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The Health and Social Care Act 2012: impact on adult social services

After its torrid passage through Parliament, the Health and Social Care Bill received Royal Assent on 27 March 2012. The Act deals principally with healthcare reform, but it also contains some amendments to the legislative framework for social care. It will come into force on a day yet to be appointed by the Secretary of State.

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Immigration update May 2012

In this issue:

- Penningtons Solicitors LLP