In our previous briefing we reported on HMRC’s recent briefing on the tax treatment of payments of trail commission rebated to...

The European Commission (Commission), Parliament and the Council have now reached agreement on the texts for the Recast Markets in Financial Instruments Directive (...

On 7 August 2018, ESMA published a letter from Steven Maijoor, ESMA Chair, to Gabriel Bernardino, EIOPA Chair. The letter addressed the question of whether ESMA would consider borrowing arrangements and derivative arrangements entered into by an Alt...

Blue Manchester LTD v North West Ground Rents LTD [2019] EWHC 142 (TCC) The High Court confirmed earlier this year that landlords must consider aesthetic appearance when assessing repairs as they may be obliged to reinstate original design features....

(1) Stephen Charles Smyth-Tyrrell (2) Beaujolois Katherine Smyth-Tyrrell –v- William Robert Bowden (2018) Recovery of possession of land by a landlord against his tenant is not always an easy business.  In this particular case, the tenant...

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 consequences of his act extend to the land of his neigh...

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In September 2019, the UK government introduced new legislation which will change the way in which food businesses are required to provided allergen information. The new legislation, which comes into force on 1 October 2021, requires food businesses...

The Government has published advice on meeting the regulatory requirement to obtain a valid Energy Performance Certificate (“EPC”) prior to marketing a property during the Coronavirus outbreak. By way of reminder, the Energy Performance ...

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As employers, trade unions, public health authorities and the government work together to safeguard communities, ease the lockdown and reopen workplaces, it is clear that leadership, trust and careful planning will play a vital role in this critical...

Freehold Properties 250 Ltd v Field [2020] EWHC 792 (Ch) The tenants of terraced and semi-detached houses on an estate, demised under a long lease that excluded certain structural parts had no right to acquire the freehold title as they were not "a ...

The Financial Services Authority (FSA) has fined Toronto Dominion Bank £490,000 for systems and controls failings in relation to one of its trading books. The fine arose from a failure to supervise a trader within the firm who had been recordi...

Cherry Tree Finance sought to appeal against the decision that an early redemption penalty imposed by it was unfair. Mr and Mrs Evans carried out an antique restoration business from a property they owned. The property comprised part business and p...

From 6 April 2008, all new consumer credit agreements and consumer hire agreements will be regulated regardless of the amount of credit (unless they are exempt). The main exemption is for first charge mortgages regulated by the FSA. ...

The cornerstone of the Financial Services Authority (FSA) policy in the mortgage industry is the Mortgage Effectiveness Review (the Review). The first stage of the Review was published in 2006 and concentrated on disclosure, advice and selling pract...

In the current climate, whilst many are soul searching about how the financial sector was allowed to get into trouble, Islamic mortgage providers are quietly getting on with their business. The turmoil has had an impact for them but not as devastati...

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...

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...

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...

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...

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...

An ancient tomb has been discovered in Inner Mongolia.

The first EAT decision on the statutory grievance procedures (SGPs), Thorpe v Poat and Lake was reported in briefing 232. Hot on its heels come four further EAT decisions ( Sher...

Amicable terminations: a new way to terminate ?   Apart from dismissal and resignation, French law provides for a third way to end an employment contract: the amicable termination. However, this way is rarely encountered in practice, especiall...

Background The Employment Bill is currently on its passage through Parliament and will, when enacted, have a significant impact on dispute resolution within the employment relationship. It is anticipated that relevant provisions within the Bill wil...

The repeal of the fated statutory dispute resolution procedures moved a step closer last week when ACAS issued, in draft, a revised Code of Practice on Discipline and Grievance for consultation.  The Code has been significantly amended and simp...

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