Tag Archives: UK

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Mines and minerals – what goes on beneath the surface…

Background

It is not unusual to see an exception for mines and minerals on a title register for a property. This exception means that any mines and minerals lying underneath the property are not included in the registered title and, as such, the property.

If you are told that this is the case for your property, your solicitors should undertake a Land Registry SIM search to find out if these mines and minerals are registered under a separate title. The search result will show if there is a separate freehold title showing the proprietor of the subterranean property.

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Brexit – recent developments and the implications for some aspects of construction law

The European Union (Withdrawal) Bill (informally known as the “Great Repeal Bill”) passed its second reading on 11 September. The Committee stage is scheduled for 14-15 November, although it is still possible that political pressures will derail that timetable. What impact will the bill, if it completes its passage, have on construction law?

It must be said at the outset that the bill is likely to undergo significant change before it is enacted. Over 400 amendments have been tabled by MPs. Any assessment at this stage must necessarily be provisional.

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Is your building WELL?

The WELL Building Standard is the first building standard which focuses on the health and wellbeing of the building occupants and gives a ‘wellness’ rating for buildings.

The WELL Building Standard is an international standard which is administered by the International WELL Building Institute, a public benefit corporation based in the US, whose mission is to improve human health and wellbeing through the built environment.

Unlike other standards, which focus on the environmental and sustainability credentials of the building, the WELL Building Standard focuses on the impact of the building on the physical and mental wellbeing of the end-user.

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Don’t rely on the grace of the court to save you, keep your house in order!

The courts have long recognised that companies do not always follow all the procedures prescribed by company law and that, in certain circumstances, it would be unjust for the courts to punish a party just because of a failure to observe legal formalities.

One area is that of shareholder approval. With English companies varying in size and complexity from smaller, owner managed businesses to large trading companies or parent companies of multinational groups, the level of formality given to decisions varies, as does the degree to which these are formally recorded. With smaller companies and groups especially, the directors and the (major) shareholders can often be one and the same, and the reality is that decisions are taken on an ad hoc basis, as and when necessary, with less focus on legal formalities or documentation.

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Home Office ‘illegal migrant’ crackdown to threaten bank clients

This article was first published by Spear’s Magazine on 18 October 2017.

Banks are to be expected to police over 70 million accounts under the Home Office’s new crackdown on illegal migrants, opening up a Pandora’s Box of problems, even for HNWs with valid immigration status, writes Sarah Gogan.

New government rules will force UK banks to search bank accounts for illegal migrants. Since the introduction of the Immigration Act 2014, UK banks and building societies have been prohibited from opening current accounts for individuals who are in the UK illegally. However, new measures which will come into force on 1 January 2018 take this a step further. From this date and on a quarterly basis, banks will be forced to check their customers against a Home Office list of known visa overstayers (the ‘baddies’) and the perceived source of all that is wrong with the UK: illegal migrants. If the bank suspects that the customer does not have the right to be in the UK, then it will be bound to notify the Home Office who will then obtain a court order to freeze the account. The aim of this is to create a ‘hostile environment for illegal migration.’

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UK Court Says Dishonesty Not An Essential Element of Cheating

In a judgment given on October 25, 2017, five justices of the Supreme Court of the United Kingdom held unanimously that dishonesty was not an essential element of the civil tort of cheating.

In Ivey v. Genting Casinos (UK) Ltd t/a Crockfords [2016] UKSC 67, the Supreme Court upheld the decision of Mr. Justice Mitting of the Queen’s Bench Division of the High Court of Justice.  Lord Hughes wrote the decision for the court (Lord Neuberger, Lady Hale, Lord Kerr and Lord Thomas all agreed). 

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ASTs – Are you assured of compliance?

Assured Shorthold Tenancies (ASTs) are the most common kind of private residential tenancy in the UK currently, which means that almost any investor or funder in the UK residential property market will deal with them.  The past few years have seen new legislation that introduced new and more onerous obligations on landlords of ASTs.  This article does not seek to give a comprehensive overview of the rights and obligations attaching to ASTs, but seeks to outline two main changes to landlords’ obligations in the newer legislative framework; to highlight the potential dangers to the unwary investor or funder arising out of these; and suggest methods of mitigating risk.

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Brexit and planning for the unknown in IT

This article was previously published by IT for CEOs and CFOs on 16 October 2017 and is reproduced by kind permission.

Introduction

As is beginning to become apparent, Brexit has wide-ranging consequences in many commercial and business areas. This is equally true in the sphere of data protection, where much of the applicable legislation has developed at an EU level.  This is readily understandable, given (i) the wide-ranging technological advances that have occurred since the UK joined the European Communities in 1973 and (ii) the quintessentially cross-border nature of these developments.

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Cinema Holiday Pay

This article was published in www.screentrademagazine.com / September 2017 / screentrade

The question of how to calculate holiday pay has been perplexing employers and their legal advisers since 2014, when a case brought by a British Gas worker upset the status quo. The worker in question, Mr Lock, received results-based commission in addition to his basic salary. However, when he was on holiday, Mr Lock was ‘paid basic salary only’, which inevitably left him financially worse off after a period of annual leave.

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2017 Legal 500 ranks Fladgate across the board

Fladgate LLP is delighted to have achieved across the board rankings in the recently launched 2017 edition of the Legal 500 Guide to the UK Legal Profession. The firm achieved 26 rankings, with 59 lawyers attaining 91 individual recommendations.
 Commercial contracts

Fladgate LLP enhanced its commercial contracts offering with the recruitment of James Earl, an expert in the UK and international sports and entertainment sector, from Pinsent Masons LLP. In 2016, Earl advised Monster Energy on various marketing and advertising campaigns, including a marketing promotion in association with the Call of Duty computer game. The team is led by Eddie Powell, who recently assisted Glorious Brands with negotiating an exclusive distribution agreement for Triology’s premium skincare products in the UK. In a separate matter, Powell acted for Parabel in the negotiation of a five-year distribution contract with Barentz. Alan Wetterhahn and consultant Andrew Kaufman are other recommended individuals.

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