Tag Archives: London

ILN Today Post

Lease or licence – why you should care

It is common for heads of terms to refer to a licence to use or occupy a property when the agreed terms would actually be construed as a lease. The two terms are bandied around and often used interchangeably; knowing the difference is key to avoiding lengthy and costly proceedings which go hand in hand with any disputes. Case law has taught us that labelling a document as a licence does not mean that it isn’t a lease. If certain elements (e.g. exclusive possession) are present then the document will technically be a lease with all the considerations that go with this.

 

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Disclosure of confidential information

This article was first published by Solicitors Journal on 7 February 2017, and is reproduced by kind permission.

The recent case of Glenn demonstrates that while privilege and confidentiality may overlap, they are separate concepts.

Confidentiality of documents, information, and witness evidence may be the source of significant dispute between litigating parties. Disclosure of confidential information was recently considered in Glenn and another v Watson and others [2016] EWHC 3259 (and associated claims).

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There would be no fashion without immigration

With London Fashion Week having taken place last month and with the next round of shows in autumn, we need to ensure that the brightest and best global talents continue to choose the UK as their destination for growth.

London Fashion Week is adored by buyers and press, with an international reputation as the most innovative and experimental fashion event. The buzz around London Fashion Week increases every year, a clear sign of the creative and commercial importance of fashion. With a schedule designed to showcase the world’s most innovative emerging talent, it’s no surprise there’s excitement everywhere.

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Ilott v Mitson Supreme Court decision: UK testamentary freedom reasserted

 

Last week, the Supreme Court brought to an end a 13 year legal battle over the late Mrs Jackson’s Will.  The Will left virtually all of Mrs Jackson’s assets (some £480,000) to three UK charities, cutting out entirely her only child (Mrs Ilott), who was for many years estranged from her mother but who lived in very financially straitened circumstances with her husband and five children.
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Considering liquidated and ascertained damages on an agreement for lease

It is sometimes the case that a tenant will enter into agreements for lease where the landlord is undertaking substantial works to, or even constructing, the building or estate within which the premises will be located so that grant of the lease is conditional upon completion of those works.

Liquidated and ascertained damages (LADs) clauses stipulate that a specified sum of money will be payable by one party to the other where there has been a particular breach of contract. Under contract law, if a person agrees to perform certain acts (here, the landlord’s works) for another person (the tenant), in return for a benefit (payment of rent), disputes could arise if the tenant is dissatisfied with the way the landlord performs the works.

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Business rates – possible changes to what you will pay

Business rates will be changing on 1 April 2017 and this is likely to create some winners and losers: many London-based businesses will face sharp rate rises, although firms in the Midlands and the north will be largely unaffected or will see a reduction.

It has been seven years since all non-domestic properties in England and Wales were nationally revalued. The 2017 revaluation will be based upon rental levels at 1 April 2015 and will form the basis of business rates liability for the next five years.  The changes include an increase in small business rates relief to £12,000.

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Gender pay gap – draft guidance is published

With gender pay gap reporting obligations almost upon us, the Government Equalities Office and ACAS this week published their draft guidance (Guidance). The Guidance is a step-by-step guide for employers on the types of data they need to publish and how they should calculate gender pay gaps prior to publication.

The first snapshot date is 5 April 2017 (which is earlier than initially indicated). Prior to this date relevant employers (i.e. those with 250 or more employees) should become familiar with the Guidance and implement a few trial calculations in readiness.

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The death of the annual return

The launch of confirmation statements – getting the content and timing right

The longstanding requirement for companies and limited liability partnerships (LLPs) to file an annual return will be replaced by a requirement to file a confirmation statement after 30 June 2016 under the Small Business, Enterprise and Employment Act 2015.

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Could student accommodation shape PRS development?

Thousands of eager students received their A-level results this month and many are now planning their move to a new town or campus and considering what accommodation is available.

When this new generation finally graduates into the housing market, how will their experience shape the housing we build?

Times have certianly changed from my student days.  I recall the final year student showing me around my new halls of residence explaining, grimly, that the rooms were modelled on a Swedish prison block but that the dimensions of everything – the bed, the desk, the room itself had been reduced by 25% to save space (and cost).

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