Hot on the heels of our guide to credit hire essentials we find that the enforceability of the credit hire agreements themselves is back on the agenda. In the case of Wei v Cambridge Power and Light Company (2010) the court decided in an appeal hear...

The Court of Appeal has taken 11 months to add to the confusion caused by the attempt by a small number of employer’s liability insurers, all in run-off, to argue that policy wordings long understood to provide coverage on the basis that the i...

How to navigate the financial recovery process the state is responsible for damages caused by the crisis measures adopted under the Crisis Act. No unlawful behaviour of the state is required business party is liable for damages caused by a bre...

A report in The Guardian of 15th July noted a technical problem with the EU Settlement Scheme which had not previously been identified. Citizens of EEA countries who obtain “pre-settled status”, based on having lived in the UK for a peri...

Reports early this week indicated that the new Home Secretary intends to “end free movement” to the UK of EEA citizens immediately in the event of no-deal Brexit. This has caused widespread alarm and was clarified by a Home Office Fact S...

Sponsors of Tier 2 migrants will be aware that they are obliged to retain certain documents for every sponsored migrant for a set period of time as part of their sponsorship duties. The specific documents that sponsors are required to retain and the...

Two important announcements this week will be relevant to the UK’s immigration requirements for several years. Brexit is, of course, scheduled for 11PM on 31st January. In addition, a report published yesterday provides a blueprint for the fut...

The Government has provided its initial policy guidance regarding the new Points Based System of immigration. This is set to be implemented in January 2021 and follows advice provided by the Migration Advisory Committee (“MAC”) last mont...

  When delivering the UK’s Budget on 16 March 2016, the Chancellor of the Exchequer warned that we face a “cocktail of risks”. Undoubtedly, this is not likely to be anyone’s first choice from the cocktail menu, however d...

Feeling the squeeze Background Technical consultation issued by the Department for Communities and Local Government in December 2015 proposed a change to the definition of Affordable Housing under the National Planning Policy Framework “to enc...

In recent years the importance of paying ‘due regard’ to the Public Sector Equality Duty (PSED)1 when it comes to decisions to reduce or withdraw local authority services in response to the austerity agenda has been underlined by a serie...

Eversheds has advised Miller Homes on its successful planning appeal for residential development of land at Boston Spa Leeds, granted following a Public Inquiry by the Secretary of State, on 8 June 2016. It is the most important housing appeal decis...

Housing and Planning Act 2016 Developers often rely on local planning authorities’ powers under section 237 Town and Country Planning Act 1990, to override easements and other rights over land which has been acquired for or appropriated to  pla...

The outcome of the vote in favour of leaving the EU will undoubtedly have far reaching implications, but what does this mean for the UK planning system? We have not rushed to comment upon the planning and environmental implications of the vote to le...

Whilst the “Northern Po...

Manchester is the City Region that has most enthusiastically embraced the devolution agenda – unsurprisingly, perhaps, given its long standing commitment to the cause of devolved powers and city region autonomy. In addition to embracing the Me...

At the same time he delivered his (final) Autumn Statement the Chancellor also issued a strategy document to advance one of his predecessor’s key policy aims - the Northern Powerhouse. For those who support the notion of the North providin...

When it comes to the devolution of fiscal and functional responsibilities to city regions, Greater Manchester continues to be well ahead of the curve. Additional functions for the Greater Manchester Combined Authority (GMCA) that have already been t...

The Government chose the last month of 2016 to announce some legislative proposals that will have a significant impact on the ability of local planning authorities (LPAs) to impose planning conditions. Consultation seeking views on proposals for imp...

Many of the reforms to the compulsory purchase system that were first consulted on back in 2015 are finally being implemented. However, the introduction of these measures has been complicated by the fact that they are split between the Housing and P...

On 7 February 2017 the Government published its much anticipated Housing White Paper. Whilst those in the industry welcome the recognition of the extent of the supply problem and the commitment to tackle the entire process from site finding to deliv...

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Eversheds Sutherland (International) has been named ‘Legal Practice of the Year’ at the Northern Lights Awards, Manchester. The awards are designed to highlight collaboration between companies and within companies in the Northern Powerh...

Eversheds Sutherland (International) has become the first law firm to join the government’s Northern Powerhouse partnership programme. Established by Prime Minister Theresa May and led by Northern Powerhouse Minister, Andrew Percy, more than 9...

Whilst polarisation has become a familiar feature of national politics in recent months, on some key issues there is still a degree of political consensus. One of these is the need to rebalance the UK economy away from an overreliance on London and ...

After much anticipation, The Neighbourhood Planning Bill received royal assent on 27th April 2017. The new Neighbourhood Planning Act (“Act”) covers matters not obviously related to its title, including new powers of temporary possession...

The Supreme Court has ruled on what has been acknowledged as an issue of critical importance to the application of national planning policy, namely the proper interpretation of paragraph 49 of the National Planning Policy Framework (NPPF). This requ...

In September 2016 Communities secretary Sajid Javid decided not to confirm a compulsory purchase order (CPO) which underpinned regeneration proposals for the Aylesbury Estate in the London Borough of Southwark (Southwark). The CPO sought to acquire ...

The publication of the Scottish Energy Strategy (“SES”) in late December 2017 is the culmination of lengthy consultations and discussions on crucial choices affecting Scotland’s energy future. This SES is a live route map, setting ...

The final version of the Scottish Government’s Onshore Wind Policy Statement (“OWPS”) has been published, confirming the role of onshore wind in Scotland, expectations of developers and forthcoming reviews and consultations. The OW...

The release of the Planning (Scotland) Bill heralds the next key stage of Scottish planning reform. The Bill is intended to transform the planning system: to strengthen and simplify planning processes and positively enable development rather than re...

The Community Right to Bid has now been in place for half a decade and whilst its impact has perhaps not been as significant as first thought it has undoubtedly had an impact on assets linked to higher education institutions such as playing fields, ...

On 17th January 2018 the Court of Appeal dismissed a leaseholder’s appeal relating to the Upper Tribunal’s decision as to how one of the components of a valuation for a lease extension or collective freehold enfranchisement should be cal...

The risk of inadvertently sterilising the development potential of land As the phrase ‘town or village green’ tends to conjure mental images of a rural idyll with village fetes and cricket matches played on broad expanses of green land i...

On 18 July 2017, the Court of Appeal handed down judgment in Catesby Estates and SSCLG v Steer and Historic England in considering whether an inspector erred in law in his understanding of the concept of the “setting” of a Grade I listed...

The adoption of the NPPF’s positive policy for the exploration and extraction of on-shore oil and gas in the NPPF will have to considered afresh by the Government. The policy was challenged on behalf of an organisation known as Talk Fracking. ...

In preparation for the forthcoming withdrawal of the UK from the EU, the Government has been amending legislation and regulations relevant to town and country planning, infrastructure planning, environmental protection, air quality, environmental im...

In preparation for the forthcoming withdrawal of the UK from the EU, Scottish Ministers have been amending legislation and associated regulations controlling the requirements and processes of town and country planning and environmental matters. The ...

The Ministry of Housing, Communities and Local Government published new guidance on 26 June 2019 in relation to housing for older and disabled people.  The guidance forms part of National Planning Practice Guidance and will be a material consid...

A Planning Inspector has decided that ‘event fees’ should be taken into account in assessing the viability of retirement living developments and their ability to contribute to planning gain. Usually due on the death of a resident, the In...

Eversheds Sutherland has helped to secure Electricity Act 1989 consent from the Scottish Ministers and deemed planning permission for Limekiln Wind Farm, a 21 turbine wind farm with an estimated generation capacity of 64MW based in the Highlands. T...

This Act heralds the next stage of the reform of the Scottish planning system. The reform process introduces a significant number of changes to spatial planning and development management, intended to strengthen and simplify planning processes and p...

One of the most frequently asked questions in a property purchase is why, if the buyer of a property is paying the conveyancing attorney, the seller has the right to appoint him? Our common law specifically states that a seller is the party entitled...

The Climate Change Act 2008 (2050 Target Amendment) Order 2019 requires the UK to bring all greenhouse gas emissions to net zero by 2050 (compared with the previous target of at least 80% reduction from 1990 levels). Developing or enhancing the nece...

Abstract: This articles reviews the Court of Appeal decision in Serafin v Malkiewicz reversing the dismissal at first instance of a libel claim relating to an article which made serious allegations about the claimant.  The ruling makes clear th...

Wesley Pydiamah, Partner in our Litigation and International Arbitration department and Manuel Tomas, Counsel, recently contributed to the 4th edition of The Guide to Advocacy published by Global Arbitration Review. In the chapter "Cultural Consider...

Hong Kong Courts are closed as a result of the COVID-19 pandemic and the backlog of litigation continues to grow. Does arbitration have the answers? The COVID-19 pandemic has led to the closure of the Hong Kong courts. They closed after the Chinese ...

Encouraging settlement of employment disputes outside of the courts and tribunal system remains the cornerstone of employment legislation.  It also remains the case that the vast majority of parties resolve employment disputes without the ne...

Encouraging settlement of employment disputes outside of the courts and tribunal system remains the cornerstone of employment legislation.  It also remains the case that the vast majority of parties resolve employment disputes without the ne...

On 1 October 2005, the statutory disciplinary and grievance procedures were one year old. The procedures were introduced when the Employment Act (Dispute Resolution) Regulations 2004 (the Regulations) came into force on 1 October 2004. As we reporte...