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  • Article

    That Sinking Feeling

    Structuring the ownership of mixed use buildings requires care both initially and then during the management of the building.
    United KingdomReal Estate and Construction
    Reed Smith (Worldwide)
    Reed Smith (Worldwide)
  • Article

    The Limitations Of Forfeiture

    Conceptually forfeiture is perhaps the landlord's ultimate sanction against tenants who do not comply fully with the terms of their lease.
    United KingdomReal Estate and Construction
    RWK Goodman
    RWK Goodman
Article

The Supreme Court Has Ruled In Favour Of Landlords In A Case Which Considers Implied Terms In Leases, And Specifically In Break Clauses

In the case of Marks and Spencer Plc v BNP Paribas Securities Services Trust Company (Jersey) and another [2015] UKSC 72, Marks and Spencer sought a refund of rent it had paid for a period after the break date of its lease.
United KingdomReal Estate and Construction
Wedlake Bell LLP
Wedlake Bell LLP
  • Article

    UK Supreme Court Confirms Condition Requiring Dedication For Public Highway Use Is Unlawful

    On 14 December, the UK Supreme Court in DB Symmetry Ltd and another v Swindon Borough Council upheld the decision of the Court of Appeal that a planning condition requiring dedication of land...
    United KingdomReal Estate and Construction
    Jones Day
    Jones Day
  • Article

    Valuer Not Liable To Developer

    In 2006, Knight Frank was instructed by Freemont to provide a valuation report in support of a loan application to fund a redevelopment.
    United KingdomReal Estate and Construction
    Clyde & Co
    Clyde & Co
  • Article

    When Is A Collateral Warranty A Construction Contract? UK Supreme Court Will Finally Decide

    We previously considered the case of Toppan Holdings Ltd v Abbey Healthcare (Mill Hill) Ltd and Simply Construct (UK) LLP, which concerned the question of when a collateral warranty may be deemed...
    United KingdomReal Estate and Construction
    Arthur Cox
    Arthur Cox
  • Article

    British Telecom Recognised For Its 'Excellence In Knowledge Management In this Year's HR Excellence Awards'

    United KingdomStrategy
    KPMG
    KPMG
  • Article

    Losses Carried Forward

    Gone are the times one had a reasonable expectation that a struggling business would be nurtured back to life with the benefit of new profits generated being relieved for tax purposes...
    United KingdomTax
    UHY Hacker Young LLP
    UHY Hacker Young LLP
  • Article

    Why Appeal A VAT Surcharge Notice Where No Monetary Penalty Is Levied?

    The surcharge system does not impose a penalty when a business submits a VAT return late for the first time, nor for the second and third defaults provided the surcharge (calculated at 2% and 5% respectively of the VAT due on the return) does not exceed £400.
    United KingdomTax
    BDO LLP
    BDO LLP
  • Article

    Air Carrier Liability: Exclusivity Of Warsaw Regime

    Is the amended Warsaw Convention was a passenger’s exclusive cause of action against an air carrier?
    United KingdomTransport
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Air Passengers Triumph In Cancelled Flight Compensation Claim

    If you are an air passenger whose flight has been cancelled or significantly delayed you have a legal right to compensation (and many of us will have been dealing with this issue in the last year)...
    United KingdomTransport
    Moon Beever
    Moon Beever
  • Article

    Bank Ordered To Honour Refund Guarantees Despite Foreign Court Orders Prohibiting Payment

    The Claimant Buyers brought proceedings against the Defendant Bank under refund guarantees issued by the Bank in support of two shipbuilding contracts between the Buyers and Sellers.
    United KingdomTransport
    Reed Smith (Worldwide)
    Reed Smith (Worldwide)
  • Article

    STOP PRESS - OW Bunker - Supreme Court Ruling

    The Supreme Court has unanimously dismissed the appeal and has upheld the decision of the Court of Appeal that a bunker supply contract between OW Bunker and Owners was not covered by the Sale of Goods Act 1979.
    United KingdomTransport
    Clyde & Co
    Clyde & Co
  • Article

    Caso DABUS: la Corte Suprema del Regno Unito respinge il ricorso del Dott. Thaler, confermando che un sistema di intelligenza artificiale non può essere nominato inventore ai sensi dell'UK Patents Act 1977

    La decisione (disponibile qui) è l'ultima di una serie di pronunce scaturite da due domande di brevetto depositate presso l'Ufficio Brevetti del Regno...
    GlobalIntellectual Property
    Trevisan & Cuonzo
    Trevisan & Cuonzo
  • Article

    DABUS Case: UK Supreme Court Rejects Appeal By Dr. Thaler And Confirms That An Artificial Intelligence Product Cannot Be Named Inventor Under The UK Patents Act 1977

    The decision (available here) is the final chapter of legal proceedings which arose after Dr. Stephen Thaler, creator and owner of the artificial intelligence...
    GlobalIntellectual Property
    Trevisan & Cuonzo
    Trevisan & Cuonzo
  • Article

    CAT Partially Allows Tesco Appeal Against OFT Decision On Dairy Retail Prices

    On 20 December 2012, the UK Competition Appeal Tribunal handed down its judgment on Tesco’s appeal against an earlier Office of Fair Trading decision concerning dairy products retail pricing in the UK.
    United KingdomAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Acting With Improper Purpose? The Supreme Court Considers The Proper Purpose Rule In Eclairs Group Ltd And Glengary Overseas Ltd V JKX Oil & Gas Plc (2015)

    The Supreme Court has reaffirmed the "proper purpose" rule holding that directors who had imposed restrictions on shares pursuant to a legitimate power to do so had nonetheless imposed them for an improper purpose.
    United KingdomCorporate/Commercial Law
    Clyde & Co
    Clyde & Co
  • Article

    Court Of Appeal Upholds Decision That Exercise Of Conversion Rights In Articles Was A Variation Of Class Rights

    The Court of Appeal has upheld a High Court decision that exercising a right in a company's articles of association to convert preference shares to ordinary shares by notice required preference...
    United KingdomCorporate/Commercial Law
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    Former Administrators Have Standing To Apply For Additional Remuneration But Application Dismissed (Frost And Another v The Good Box Co Labs Limited And Others)

    Dispute Resolution analysis: An application by the former administrators of a company for an increase in their remuneration has been dismissed, despite the Court concluding...
    United KingdomCorporate/Commercial Law
    Gatehouse Chambers
    Gatehouse Chambers
  • Article

    Unfair Terms & Exclusion Clauses: The Limits Of Reasonableness

    The English Court of Appeal has recently reversed the High Court decision in “Regus (UK) Ltd -v- Epcot Solutions Ltd”, and in doing so has given welcome comfort to service providers who undertake services on standard terms, and their liability insurers.
    United KingdomCorporate/Commercial Law
    HFW
    HFW
  • Showing 961–980 of 7544 results

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