Lawbite: The road less travelled - implied rights of way
Parker and another v Roberts [2019] EWCA Civ 121 Even in this greyest of grey areas of law, it seems that there are still new arguments to be raised. This case showcases a bit of clever, but...
View ArticleProperty development: constraints and solutions
Eversheds Sutherland property column: February 2019 Despite broad challenges, including Brexit-related uncertainty, interest in property development remains robust. However, development faces a broad...
View ArticleLawbite: When does a nuisance tenant become the landlords problem?
Fouladi v Darout Ltd and others [2018] EWHC 3501 (Ch) A nuisance is caused by a person doing something on his own land, which he is lawfully entitled to do but which becomes a nuisance when the...
View ArticleThe General Court of the European Union rules that the Belgian excess profit...
Today, 14 February 2019, General Court of the European Union rendered its first decision concerning the decisions of the European Commission claiming that the Belgian tax rulings on the “exempt...
View ArticleA Tale of Three Regulators: the EBA, ESMA and FCA guidance on cryptoassets
Introduction In the space of three weeks, three regulators published guidance documents on cryptoassets. The most recent is the FCA’s consultation paper on the extent to which cryptoassets fall within...
View ArticleCAT rejects Electro Rent appeal against procedural fine
The Competition Appeal Tribunal (CAT) has dismissed an appeal by Electro Rent against a fine of £100,000 imposed for failing to comply with the terms of an interim order (the “order”). Interim orders...
View ArticleNew SDLT Surcharge for Non-UK-Residents
Overview As announced in the Autumn Statement, the government has issued a consultation on a proposed 1% stamp duty land tax (“SDLT”) surcharge for non-UK-residents acquiring residential property (in...
View ArticleDB White Paper response new teeth for the pensions watchdog?
Following the Work & Pensions Select Committee’s scrutiny and criticism of the role played by the Pensions Regulator (tPR) in the collapse of BHS and Carillion, the Government issued a
View ArticleEversheds Sutherlands Corporate Claims Bulletin - January 2019
COSTS JLE v Warrington & Halton Hospitals NHS Foundation Trust [2018] EWHC B18 (Costs) The claimant, after winning the substantive action, submitted a Bill of Costs in the sum of £615,751.00. The...
View ArticleA guide to the current and proposed foreign investment regimes in the UK,...
In recent years there has been a marked change in attitude towards foreign investment screening. A range of jurisdictions globally have taken steps to strengthen their ability to review and actively...
View ArticleA Litigation Bulletin from our Insurance Team - February 2019
Forgiving failures in drafting – insurance contract interpretation Spire Healthcare Ltd v Royal & Sun Alliance Plc [2018] EWCA Civ 317 This judgment cautions against reading too much into drafting...
View ArticleGood news for residential tenants
Tenants on assured shorthold tenancies have something to celebrate as new law will cap agency fees and security deposits along with other “tenant friendly” measures. The Tenant Fees Act received royal...
View ArticleThe Spanish Trade Secret Law
The Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful...
View ArticleTender co-ordination by affiliated entities: Specializuotas transportas...
Introduction Whilst entities belonging to the same corporate group are not obliged to take the initiative and disclose their links when participating in the same public contract award procedure,...
View ArticleA Brexit Sigh of Relief for Landlords
Canary Wharf Management Limited v European Medicines Agency [2019] EWHC 335 (Ch) The High Court has held that the lease of the European Medicines Agency’s Canary Wharf headquarters has not been...
View ArticleInquiry launched to investigate the impact of toxic chemicals in everyday...
The Environmental Audit Committee (“EAC”) has launched an inquiry to investigate the impact of toxic chemicals on everyday life (launched 12 February 2019). The inquiry will focus on the use of toxic...
View ArticleCan Brexit be used as a reason for escaping contracts?
Summary Judgment was handed down by the English High Court on 20 February in the case where the European Medicines Agency (the EMA) had argued its 25 year lease in Canary Wharf was frustrated as a...
View ArticleThe European Commission adopts new list of high risk jurisdictions posing a...
On 13 February 2019, the European Commission (EC) adopted a new list of 23 high risk jurisdictions considered to have strategic deficiencies in their anti-money laundering (AML) and countering...
View ArticleInvestment firms have insufficient knowledge of Wwft requirements
Research carried out by the Netherlands Authority for the Financial Markets (Stichting Autoriteit Financiële Markten, “AFM”) in the second and third quarter of 2018 shows that investment firms have...
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