Student accomodation contracts: striking the balance
Eversheds Sutherland property column: November 2018 Accommodation is at the heart of the student experience and getting student accommodation contracts right is essential for all accommodation...
View ArticleAccess rights for Code Operators both today and in the future
Firstly, it has been held, in the first significant decision relating to the new Electronic Communications Code, that an operator may obtain an order allowing it to have interim access to a property...
View ArticleCorporate Claims Bulletin
Liability Bellman v Northampton Recruitment Limited [2018] EWCA Civ 2214 Following a Christmas party at the local golf club, at around midnight the Managing Director of Northampton Recruitment...
View ArticleLawbite: What goes up must come down
Dukeminster Limited v West End Investments (Cowell Group) Limited (Central London County Court) The County Court at Central London recently decided on an unopposed lease renewal matter pursuant to the...
View ArticleIs there a general equitable duty on a lender to act in good faith?
Tracy David Standish & ORS v (1) Royal Bank pf Scotland PLC (2) Sig Number 2 Ltd (Formerly West Register Number 2 Ltd) (2018) [2018] EWHC 1829 (Ch) The High Court has decided that it is not...
View ArticleThe court stops attempts to avoid the consequences of an adjudicators decision
Ealing Care Alliance Ltd v London Borough of Ealing [2018] EWHC 2630 (TCC) Summary The case considers the enforcement of an adjudicator’s decision and reinforces the established principal that the...
View ArticleLegislation Tracker
1) Construction (Retention Deposit Schemes) Bill The Construction (Retention Deposit Schemes) Bill, which is aimed at the safeguarding of cash retentions withheld in connection with construction...
View ArticleGuidance provided on the interpretation of no greater liability clauses
Swansea Stadium Management Company v City & County of Swansea, Interserve Construction Ltd [2018] EWHC 2192 (TCC) Summary The TCC has held that a “no greater liability” clause within an undated...
View ArticleContracting out of liability for concurrent delay and the prevention principle
North Midland Building Ltd v Cyden Homes Ltd [2018] EWCA Civ 1744 (30 July 2018) It is a well-established principle under English law that where a party to a contract is prevented from fulfilling its...
View ArticleClear Intentions a health warning about letters of intent
Letters of intent have been considered by the Courts in a number of cases over the past few years. So what are the common pitfalls and what advice can we take from recent case law to ensure the...
View ArticleEstate rentcharges: A cause for concern for secured lenders?
Estate rentcharges are affecting lending on new-build freehold residential properties with increasing frequency, mainly because of their widespread use by developers to fund work on communal areas. As...
View ArticleThe finalised Withdrawal Agreement and financial services
Introduction On 14 November 2018, the terms of the Withdrawal Agreement agreed between the UK and the EU (the “Agreement”) were published, along with a Political Declaration (the “Declaration”). There...
View ArticleLawbite: Purely recreational rights as easements
Regency Villas Title Ltd and others v Diamond Resorts (Europe) Ltd and others [2018] UKSC 57 The Supreme Court has held, by a four to one majority, that rights granted to timeshare neighbours to use...
View ArticleEducation student accommodation e-briefing - termination and permanent...
Welcome to the ninth in our series of student accommodation e-briefs for universities, colleges and private providers. These e-briefs highlight aspects of the student accommodation agreement which...
View ArticleWhat immigration changes should we expect in the UK from Brexit?
The Draft Agreement on the withdrawal of the UK from the European Union was published on 14th November. This contains provisions relating to Citizens’ Rights and how these will change from 29th March....
View ArticleCyber Security: the reputational, enforcement and litigation risks
Why companies must start rehearsing their responses now to give them the best possible chance of mitigating cyberattacks when – and not if – they happen It seems like barely a week goes by without a...
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