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  • Article

    Businesses Must Go To Court Every Time They Want To Stop Counterfeit Or Pirated Goods…

    HM Revenue & Customs has recently revised its procedures with immediate effect that stop pirated or counterfeit goods, in ways that increase the burden on trade mark and copyright rights holders.
    United KingdomIntellectual Property
    Matthew Arnold & Baldwin
    Matthew Arnold & Baldwin
  • Article

    HMRC Softens Its Stance On Tax Avoidance

    According to media reports, HM Revenue & Customs (HMRC) is to take a more conciliatory approach towards resolving tax avoidance disputes with businesses.
    United KingdomTax
    Matthew Arnold & Baldwin
    Matthew Arnold & Baldwin
  • Article

    Civil Procedure Rules 2010 - Costs Update

    The next CPR update includes an important change to the way in which costs of under £25,000 will be assessed in the future.
    United KingdomCorporate/Commercial Law
    Matthew Arnold & Baldwin
    Matthew Arnold & Baldwin
  • Article

    Innocent Web Sites Targeted By Aggressive Malware Attacks…

    Innocent web sites are a being targeted by cybercriminals who are subjecting them to aggressive malware attacks.
    United KingdomMedia, Telecoms, IT, Entertainment
    Matthew Arnold & Baldwin
    Matthew Arnold & Baldwin
  • Article

    Court Of Appeal Backs Racecourses´ Joint Venture To Distribute Media Rights - Bookmakers´ Afternoon Greyhound Services v Amalgamated Racing, Court Of Appeal...

    The Court of Appeal has backed a ruling by the High Court that the creation of a second distributor in the market for racecourse media rights did not have an anti-competitive object or effect.
    United KingdomAntitrust/Competition Law
    Matthew Arnold & Baldwin
    Matthew Arnold & Baldwin
  • Article

    The Mortgage Repossessions (Tenant Protection) Act 2010

    The Mortgage Repossessions (Tenant Protection) Act 2010 ("the Act") has now been passed. The aim of the Act is to provide protection to unauthorised tenants where a tenancy has been granted by a borrower, but without the lender’s consent.
    United KingdomFinance and Banking
    Matthew Arnold & Baldwin
    Matthew Arnold & Baldwin
  • Article

    Coalition Government - How Will This Affect Residential Property?

    Similarities are notable between the Conservative and Liberal Democrat manifestos, which can be used to interpret what impact this Government is likely to have on Property.
    United KingdomGovernment, Public Sector
    Matthew Arnold & Baldwin
    Matthew Arnold & Baldwin
  • Article

    Music, Movies, Moolah - Free Online?

    The new Digital Economy Act includes provisions about online copyright infringement (including ‘file-sharing’ and ‘peer-to-peer’ transfer).
    United KingdomMedia, Telecoms, IT, Entertainment
    Matthew Arnold & Baldwin
    Matthew Arnold & Baldwin
  • Article

    Updated Guidance on the CRC for Landlords and Tenants Published

    Back in July, I wrote about a recent consultation which asked property owners and occupiers for their opinions on how the CRC Energy Efficiency Scheme (CRC) should be treated in leases.
    United KingdomReal Estate and Construction
    Matthew Arnold & Baldwin
    Matthew Arnold & Baldwin
  • Article

    Undue Influence - The Concealment of Affair Amounts to Undue Influence

    The issue of undue influence has been a matter which has troubled the courts for many years. However, following the House of Lords decision in Royal Bank of Scotland plc v Etridge (2001) ("Etridge"), most of the issues have been laid to rest.
    United KingdomCorporate/Commercial Law
    Matthew Arnold & Baldwin
    Matthew Arnold & Baldwin
  • Article

    Court Upholds "Tail-Gunner" Clause

    "Tail-gunner" clauses are often used by corporate finance advisers in their terms of engagement so that if a transaction completes within a certain period after the termination of their engagement, a success fee is payable to the adviser despite the fact that they are no longer engaged at the date of completion.
    United KingdomCorporate/Commercial Law
    Matthew Arnold & Baldwin
    Matthew Arnold & Baldwin
  • Article

    Divorce - TV's Scottish Perspective

    Anybody home before 7.30pm yesterday may have caught ITV’s Tonight programme on "Divorce: For Richer or Poorer", asking whether England and Wales’ divorce laws are fair?
    United KingdomFamily and Matrimonial
    Matthew Arnold & Baldwin
    Matthew Arnold & Baldwin
  • Article

    Does a Guarantor Remain Liable in the Event that the Obligation of the Principal Debtor is for Some Reason Unenforceable?

    A typical standard clause in a guarantee provides that if sums cannot be recovered from the principal debtor for whatever reason, the guarantor still remains liable.
    United KingdomFinance and Banking
    Matthew Arnold & Baldwin
    Matthew Arnold & Baldwin
  • Article

    Mortgage Lending in 2010

    Mortgage lending in the last two years has been limited to say the least.
    United KingdomFinance and Banking
    Matthew Arnold & Baldwin
    Matthew Arnold & Baldwin
  • Article

    Third Parties (Rights Against Insurers) Act 2010

    On 25 March 2010, the Third Parties (Rights Against Insurers) Act 2010 ("the Act") received royal assent and became law in England and Wales.
    United KingdomInsurance
    Matthew Arnold & Baldwin
    Matthew Arnold & Baldwin
  • Article

    Meaning of Actual Occupation

    The case concerned whether a person was "in actual occupation" of registered land pursuant to the Land Registration Act 2002 and so had an overriding interest which would defeat a lender’s claim for possession.
    United KingdomLitigation, Mediation & Arbitration
    Matthew Arnold & Baldwin
    Matthew Arnold & Baldwin
  • Article

    Assured Shorthold Tenancy Agreement Threshold to Rise to £100k from £25k

    Currently, to be an Assured Shorthold Tenancy the annual rent under the tenancy must be less than £25,000 per annum. This threshold will increase to £100,000 with effect from 1 October 2010 .
    United KingdomReal Estate and Construction
    Matthew Arnold & Baldwin
    Matthew Arnold & Baldwin
  • Article

    Ignore the Restriction at your Peril

    The specific Restriction I am referring to is worded thus: "Restriction: No disposition of the registered estate is to be registered without a certificate signed by the applicant for registration or his conveyancer that written notice of the disposition was given to ABC Limited being the person with the benefit of an interim charging order on the beneficial interest of Mr Joe Bloggs made by the Newport County Court on 13th January 2010 (Court ref 7XY1234)".
    United KingdomReal Estate and Construction
    Matthew Arnold & Baldwin
    Matthew Arnold & Baldwin
  • Article

    "The Tenant is Under An Obligation to Surrender the Lease in the Circumstances Mentioned Therein"

    The above statement is sometimes found in the Property Register of a leasehold title beneath the details of the lease.
    United KingdomReal Estate and Construction
    Matthew Arnold & Baldwin
    Matthew Arnold & Baldwin
  • Article

    High Court Rules On Reasonableness Of Exclusion Clauses - Lobster Group v Heidelberg, High Court...

    The High Court has ruled on the reasonableness of exclusion clauses included in various agreements relating to the hire of a printing press.
    United KingdomCorporate/Commercial Law
    Matthew Arnold & Baldwin
    Matthew Arnold & Baldwin

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