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Extension of protection from forfeiture and CRAR in England
17 Sep 2020
The UK Government has issued legislation to extend protections to business tenants in England.
We recognise that some legal developments need to be understood in detail.
Our publications and briefings provide an in-depth analysis of commercial and legal developments, as they happen.
FCA test case: disruption in the new normal
15 Sep 2020
The judgment in the FCA test case concerning the operation of several non-damage business interruption insurance clauses has been handed down today. Groups representing policyholders are claiming victory, however, beyond the headlines is a complex and nuanced judgment. Nevertheless some broad themes can be discerned and insurers will want to consider these and re-assess their approach to all business interruption claims and not just those arising from COVID-19.
FAQs - Coronavirus Job Retention Scheme
15 Sep 2020
On 20 March 2020 the government announced the launch of its Coronavirus Job Retention Scheme (the Scheme), which is intended to pay employees who would otherwise be redundant or subject to a requirement to remain away from work without pay and are instead designated as "furloughed".
Financial regulation: getting back to "normal"?
14 Sep 2020
COVID-19 has now been interrupting almost every aspect of work and life for so long, it's hard to remember what "normal" is. Or, maybe more accurately, what normal was. The summer holidays have ended, the furlough scheme is beginning to wind down, every effort has been made to have schools able to open and stay open, and the Government is encouraging people to get back to work. But what does this actually mean for the financial services industry?
Extension of protection from forfeiture in Wales
10 Sep 2020
A recent change to legislation in Wales concerning commercial landlords and their ability to forfeit business tenancies for non-payment of rent has been announced.
SAAMCO is dead – long live SAAMCO!
09 Sep 2020
Litigators have been grappling with the existence and application of the SAAMCO principle in professional negligence cases for over 24 years since Lord Hoffman delivered his leading judgment in the House of Lords[1]. The recent Court of Appeal decision of Assetco Plc v Grant Thornton UK LLP [2020] EWCA Civ 1151 is the latest higher court authority[2] to confirm that the SAAMCO principle is here to stay.
Duty calls
04 Sep 2020
As is well known, a professional such as an engineer or architect can owe a duty of care in tort (that is, not based upon a contractual relationship) to a third party. The precise circumstances in which such a duty of care arises are obviously heavily fact-specific but some general guidelines have been established in a number of cases. What is the position however if the third party who relies on the work supplied by the professional does not in fact exist at the time the work was supplied?
Crossing the border: wealth protection in England and Scotland
01 Sep 2020
In July, the UK Supreme Court handed down its decision in the case of Villiers v Villiers (2020 UKSC 30) which considered whether the Courts of England and Wales have the power to interfere in Scottish divorce proceedings. The case involved a couple who had lived together in Scotland.
'The Planning White Paper' – an evolution or revolution for residential street design?
28 Aug 2020
The Government's 'Planning for the Future' White Paper, published on 6 August, sets in motion a consultation for planning reforms which, if implemented to their full extent, would be the biggest overhaul to the planning system in England since the Second World War. The consultation closes on 29 October.
New permitted development rights (PDR) for housing
27 Aug 2020
Back in 2017 we saw the temporary permitted right to change from office use to residential use made permanent. In 2019 we saw more freedoms with further rights to change shops and other high street uses to offices and residential uses within limits and with prior approval of the local planning authority (LPA). Now major new permitted development rights (PDRs) are being brought forward.
