Articles and Briefings

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.

Court of Appeal to examine SIPP provider case

22 Oct 2020

In May, we wrote about the High Court judgment in Adams v Options SIPP UK LLP which offered SIPP providers some comfort that, in circumstances where a loss is suffered by a member and the SIPP provider is acting on an execution only basis, they will not usually be liable for any loss suffered by the investor on investments made through the SIPP, including investments introduced to the member by unregulated providers.

Telecoms case update: EE Limited & Hutchison 3G UK Limited v Duncan & Others

19 Oct 2020

The Lands Tribunal for Scotland recently heard legal arguments in nine applications by EE Limited and Hutchison 3G UK Limited (“the operators”) under para 33 of the Electronic Communications Code (Schedule 3A to the Communications Act 2003) (“the Code”). The Tribunal has since issued its decision on the legal issues that were debated at the hearing (EE Limited & Hutchison 3G UK Limited v Duncan & Others). This is the first decision issued by either the Lands Tribunal for Scotland or the Upper Tribunal under paras 33 and 34 of the Code.

Swift & Carpenter – what does it mean in practice?

16 Oct 2020

The Court of Appeal last week handed down its decision in Swift v Carpenter [2020] EWCA Civ 1295. The issue at stake was the valuing of claims for damages where an injured claimant is obliged to purchase alternative accommodation as a consequence of the injuries suffered. The scope for such an award arises in any claim for long term disability where mobility is affected. Insurers will need to re-assess their approach to such claims and what follows is some practical guidance on the implications of the judgment and we set out the methodology for calculating awards for special accommodation going forwards.

Negative interest rates – pay day for borrowers?

13 Oct 2020

The Bank of England has written to UK banks to ask if they would be ready if interest rates were cut to zero or turned negative. Back in March, the Bank of England reduced its Base Rate to 0.1%, its lowest ever level, in order to help reduce borrowing costs as COVID-19 tightened its grip on the UK economy. In May, the Governor of the Bank of England paved the way for negative interest rates and lenders began contingency planning for this. But does that mean borrowers will soon receive interest on what they've borrowed? The answer might not be what you'd expect…

Spotlight thrown onto imaging orders – Court of Appeal issues warning shot

08 Oct 2020

With advances in forensic tools, it has become increasingly common for courts to grant imaging orders (in support of search orders) for the quick and comprehensive preservation of electronically stored data on hard drives, laptops, etc. An advantage of imaging orders is that they allow the search process to be far less intrusive and disruptive for the business/premises that are being searched. On the other hand, a disadvantage is that the imaging process does not discriminate between documents that pertain to the issues of the proceedings and are covered by the search orders from documents that are irrelevant and/or privileged.

Top tips for Americans purchasing UK residential property

06 Oct 2020

The UK residential property market is currently experiencing high levels of activity as buyers look to take advantage of the temporary Stamp Duty Land Tax reduction. James Radcliffe (who specialises in tax planning for Americans living in the UK) set outs his top tips to be aware of for US citizens considering the UK housing market.

FAQs - Coronavirus Job Retention Scheme

06 Oct 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".

Charity sector: Autumn news and trends

05 Oct 2020

September was a month of transition. After months of steadily declining infection rates, increased hopes of a vaccine breakthrough and a growing sense of optimism about reaching some state of (new) normality, it becomes apparent that the world's recovery from COVID will be stilted by local lockdown measures and wider restrictions on social interaction.

Higher education – facing up to the financial challenges of COVID-19

01 Oct 2020

The world of higher education is a varied place. Universities came into the COVID-19 crisis with varied levels of reserves on their balance sheets. Similarly, some generated substantial annual surpluses whilst others have had net losses for several consecutive years.

Restrictions on winding up petitions extended – but personal liability for wrongful trading set to return

24 Sep 2020

While announcements have been made, and measures extended, to help corporate Britain, directors faced with the difficult decision of whether to trade on through the crisis could suddenly very exposed once again. As previously discussed, the Corporate Insolvency and Governance Act 2020 (CIGA), introduced a number of temporary measures to seek to avoid an avalanche of insolvencies during the coronavirus crisis.

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