Welcome to some important ‘news’ for the Developer & Construction sector. I predict a riot: What you need to consider if your building site is impacted by the recent disturbances The current riots/disturbances in cities across Engl...

The current riots/disturbances in cities across England raise a number of issues in relation to construction sites. These will include fundamental health and safety issues but it also raises important considerations in relation to any damage or...

The rules as to when Energy Performance Certificates (“EPCs”) need to be obtained will change on 6 April 2012. In relation to both sales and lettings of property, whether commercial or residential, an EPC will need to be commissioned bef...

Youssefi v Mussellwhite [2014] EWCA Civ 885 Horne & Meredith Properties Ltd v Cox [2014] All ER (D) 194 These two cases concern opposition to lease renewals on the grounds of the tenant’s breach of covenant (“grounds (a), (b) and (c)...

Charalambous and another v Ng and another [2014] EWCA Civ 1604 The courts continue to produce surprising decisions in relation to the tenancy deposit scheme introduced by the Housing Act 2004, applying it in certain respects to tenancies granted bef...

From 30 June 2015, Central Government Departments, their Executive Agencies and Non-Departmental Governing Bodies (“in-scope organisations”) will have to accept “unstructured” electronic invoices from their suppliers for invo...

The Crown Commercial Service (“CCS”) has now published a revised standard Selection Questionnaire and guidance in the form of Procurement Policy Note (PPN) 8/16. This can be found here. PPN 8/16 supersedes and replaces PPN 3/15 which con...

Do you have questions on health and safety whilst home and lone working during the pandemic?...

Are you comfortable with latest government guidelines on working in a pandemic? Are you enforcing social distancing? In a sea of ‘fake news’ do you understand how Coronavirus is actually spread and what is safe and unsafe?...

Higher education providers and further education colleges have continued to face close scrutiny of their student contracts and accommodation contracts for compliance with consumer and contract law. ...

Last Friday, the Home Office issued comprehensive guidance to assist employers and volunteer organisations in properly implementing the vetting and barring scheme. October 2009 saw the introduction of barred lists (which replaced t...

The Court of Appeal has today cast doubt on existing domestic case-law on when the obligation to consult begins under section 188 TULRCA and the EU Collective Redundancies Directive. Having considered two opposing views as to when consultation begin...

In Austria, the Civil Code provides in its Sections 1104 and 1105 ABGB for total or partial exemptions from existing rent payment obligations for tenants in the case that the leased property is unusable due to epidemics. When is a complete rent exe...

The FCA recently published a discussion paper on transforming culture in financial services. The paper is a collection of short essays by industry leaders, professional bodies and culture experts and is aimed at helping firms to develop and emb...

On Friday 20 March 2020 the FCA issued guidance to supplement the government’s recent pledges of support for mortgage customers.  In this article we: summarise the key guidance relating to payment holidays and repossessions highlight tha...

The Pensions Regulator recognises that these are “unprecedented times” and that trustees and employers are facing significant and complex challenges across a range of issues including administration, investment, funding and employer cove...

I. Introduction The Covid-19 pandemic poses new challenges to society as a whole and to each individual. The rapid spread of the virus is currently prompting political decision-makers to react just as quickly by developing and adopting new measures...

In light of the Covid-19 outbreak both the UK and the Scottish Government have introduced measures to give both private and business tenants temporary protection from eviction and irritancy. Of particular interest for businesses is the extension of ...

In light of the Covid-19 outbreak both the UK and the Scottish Government have introduced measures to give both private and business tenants temporary protection from eviction and irritancy. Of particular interest for businesses is the extension of ...

The focus of most organisations during this coronavirus pandemic has rightly been on the health and safety of employees and the general public in tackling the spread of the virus. As the ‘new normal’settles in, and questions are asked a...

On 1 May 2020, the FCA published a statement clarifying its position on complaints handling and offering some relaxation of the rules in light of the practical challenges associated with the COVID-19 pandemic.  The regulator says it will review...

Please click here to download our quarterly financial crime horizon scanning booklet. The booklet summarises key financial crime related legal and regulatory changes expected over the next 18 months to 2 years, as well as providing electronic links ...

Please click here to download our quarterly financial crime horizon scanning booklet. The booklet summarises key financial crime related legal and regulatory changes expected over the next 18 months to ...

As additional EU rules come into force requiring UK credit and financial institutions with branches and subsidiaries in third countries to identify local law conflicts with group-wide AML policies and procedures, Zia Ullah and Ruth Paley of Evershed...

As the three European Supervisory Authorities (ESAs) publish a new joint opinion on money laundering and terrorist financing (ML/TF) risks affecting the EU financial sector, Zia Ullah and Ruth Paley take a look at the key risks, noting ...

Please click here to download our quarterly financial crime horizon scanning booklet. The booklet summarises key financial crime related legal and regulatory changes expected over the next...

The Office of Foreign Assets Control (OFAC) has encouraged the communication of any OFAC compliance concerns related to COVID-19. As part of this, OFAC has provided the following guidance and contact information. Sanctions Programmes Fact Sheet On 1...

Please click here to download our quarterly financial crime horizon scanning booklet. The booklet summarises key financial crime related legal and regulatory changes expected over the next 18 months to 2 years, a...

As the FCA publishes new information on financial crime expectations for firms’ systems and controls during the coronavirus crisis, Ruth Paley and Hayley Astles of Eversheds Sutherland take a look at the key points for regulated firms to note....

On 13 September 2017, EDF and ERDF lost their fight to declare null and void the contracts they entered into further to bids that were rigged by Nexans France (“Nexans”), Prysmian Energies Câbles et Systèmes (“Prysmian...

On 16 October 2019, the FCA published their feedback statement FS19/6 on Climate Change and Green Finance[1]. This feedback statement summarises the responses from stakeholders to the Discussion Paper (DP18/8) on Climate Change and Green Finance[2] ...

Introduction For many years the FCA has considered whether to apply an overarching standard of care that should be applied to authorised firms. In July 2018 they concluded that there was not “a sufficient basis for making changes to primary l...

...

In these extraordinary times a number of insurers and “claimant” law firms have agreed a protocol that should avoid unnecessary procedural problems. The full and commendably concise text can be found here. In summary, signatories t...

Summary of the communication from the EU commissionInterpretative Guidelines on EU Regulation 261/2004 on passenger rights in the context of the developing situation with Covid-19 - 18 March 2020 Right to choose between reimbursement and rerouting ...

...

Enfranchisement of long leasehold buildings in commercial use may have become a real possibility as a result of a recent decision by the House of Lords. The Leasehold Reform Act 1967 gives long leasehold tenants the right to buy the freehold of the...

In its concern to block tax avoidance, HMRC is planning to make Stamp Duty Land Tax (SDLT) ever more complicated, as two recent consultations show. Residential properties held by companies The first consultation proposes the imposition of SDLT on ...

The new energy performance regime came into force on 6 April 2008 in respect of buildings with a floor area in excess of 10,000 square metres. Buildings with a floor area of over 2,500 square metres will be brought within the regime on 1 July. Howev...

As a general rule, leases of land must be made by deed. Failure to comply with this requirement means that the tenant will not acquire a legal estate in land. However, leases granted for a term of up to three years need not be made by deed so long a...

The issue in McCann v United Kingdom was whether our domestic law is compatible with Article 8 of the European Convention of Human Rights. Article 8 provides that everyone has the right to respect for their home. Mr McCann's wife left the family ho...

A simple drafting error in a lease invalidates a contracting–out order. In Newham LBC v Thomas–Van Staden, which has been fully reported only recently, the Court of Appeal has presented us with a curious decision on the effect of a draf...

Residential developers need to take great care that they do not jeopardise their recovery of VAT by granting a short–term tenancy. The current downturn is leading developers to let out new properties instead of selling them. Great care is nee...

...

...

Following the publication by the European Commission of the conclusions on best available techniques (BAT) in the waste sector on 17th August 2018, the operators are required to submit a reconsideration file (“dossier de réexamen”...

...