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The impact of protestors on retailers and how to deal with them
12 April 2019Everyone has the right to hold opinions and impart information and ideas including by peaceful assembly and association with others. These are ‘human rights’ which we all enjoy and which protect the right to protest and which may not be interfered with by a public authority. However, whilst the right to protest is enshrined in law, any protest must be lawful and balanced with the rights of others, including those at whom the protest is directed.
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Harry Potter, Fracking, eco-warriors and ‘mob rule’ or freedom of expression – the Court of Appeal decides in the Ineos injunction case
04 April 2019Where is the dividing line between mob rule and lawful freedom of expression? This is one of the leading questions of the day. Should students be permitted to invite politicians with extreme views onto campus? Should a celebrated Oxford law professor be sacked for alleged homophobia? What about Brexit? Should protestors be arrested for confronting our MPs and expressing their views? And companies carrying out their lawful business – should they be allowed to do so without interference from protestors?
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Sports Q&A - What are the key terms to be aware of when preparing and negotiating Heads of Terms in lease transactions?
01 April 2019Here we look at some of the key things to be aware of with regards to heads of terms (HoTs) in commercial lease transactions, such as taking new office space or granting a lease of space in a stadium, and why HOTs are so important.
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Supreme Court introduces new test for assessing a landlord’s intention to redevelop
13 March 2019The Supreme Court recently handed down its judgment in the case of S Frances Ltd v The Cavendish Hotel (London) Limited. The decision marks a dramatic departure from the previously settled position regarding the proper test to be applied when establishing whether a landlord has the necessary intention to redevelop under ground (f) of the Landlord and Tenant Act 1954. Introducing a new element to the test, a landlord must now be able to demonstrate, in addition to it having a settled intention to carry out the works, that it would do those same works even if the tenant left voluntarily.
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The new visa route for recognised or emerging leaders in architecture: what does this mean for the architectural sector?
13 December 2018The Government has announced a new immigration category for overseas recognised or emerging leaders in architecture that has the potential to ease access to jobs in the UK. With Brexit looming on the horizon, this news will provide some much needed reassurance that the UK’s Architecture sector will still be able to attract the best global talent over the coming years. However the new measures are limited in their scope and are unlikely to plug the gap that will be left once freedom of movement for EU workers comes to an end.
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Lewis Silkin appointed to Crown Commercial Service wider public sector legal services panel
06 December 2018Lewis Silkin is delighted to announce its appointment to the Government’s Crown Commercial Service (CCS) Wider Public Sector Legal Services agreement (RM3788) to provide a full range of legal services to public bodies in the UK.
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Permission to issue a warrant for possession is no longer required in rent arrears cases
27 September 2018The Civil Procedure (Amendment No. 3) Rules 2018 (SI 2018/975) come into force from 1 October 2018 so that a writ or warrant for possession may be issued without the court’s permission where there has been non-compliance with an order suspending possession on payment of money.
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The importance of gas safety
19 September 2018On 6 April 2018, the Gas Safety (Installation and Use) Regulations 1998 were amended with the new regulations allowing ‘flexibility’ for landlords when carrying out annual gas safety inspections. It’s important to note that these amendments do not change or relax a landlord’s obligations to carry out an annual gas safety inspection. They simply allow for the annual inspection to be carried out within a two month period prior to the expiry of the existing certificate, whilst retaining the existing expiry date.
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Construction Law Update – Fighting back against “Smash and Grab” Adjudications
21 May 2018The case of Grove Developments Ltd v S&T (UK) Ltd (February 2018) is worthy of note, not least because it potentially provides employers with a quick means of reclaiming the loss suffered, following a “smash and grab” adjudication by starting its own adjudication on the true value.
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Smart Cities and Renewable Energy
14 May 2018In the time before smart cities, electricity by and large was generated by burning fossil fuels in relatively remote locations before being transmitted via high-voltage power lines to population centres.
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From the pub to the court room
19 December 2017It is not uncommon for commercial deals to be agreed with a handshake in an informal setting (often a bar, restaurant or other social venue). If agreed, parties usually then move the matter on to their lawyers to document the terms. But what if terms are never documented? How much reliance can be placed on commercial terms that are agreed orally?
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New Welsh Land Transaction Tax
02 November 2017From April 2018, Wales will have a new tax known as Land Transaction Tax (LTT), its own version of Stamp Duty Land Tax (SDLT). LTT mirrors much of the SDLT regime and many of the SDLT rules have been incorporated into the Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (businesses and tax practitioners have emphasised the need for consistency between SDLT and LTT), but there are differences which the Welsh Government say make the tax simpler and fairer, and improve its efficiency and effectiveness.
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Unsafe property causes death, but still no claim allowed
02 November 2017A man visits a friend at his flat, falls down the stairs of the building (which are unsafe) and is killed. You would expect his widow would be able to sue the owner of the building in respect of her loss wouldn’t you?
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Smart Cities – what does this mean for the Property world?
26 October 2017One of the trending topics in property circles at the moment is the rather confusing term ‘Smart Cities’. Whilst there is a great deal of buzz around the topic the main question is what exactly is a ‘Smart City’?
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Autonomous Vehicles and the Built Environment
25 September 2017Self-driving cars are on their way. The trailblazers (Tesla, Google, Uber) are conducting increasingly sophisticated tests in real-world conditions. The traditional car makers (General Motors, BMW) are acquiring start-ups or partnering with established tech companies to boost their capabilities. Ford recently promoted the head of its smart mobility unit to chief executive and aims to have a mass market fully autonomous car by 2021.
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CDM 2015: Who is the Principal Designer?
01 August 2017By now, everyone is familiar with The Construction (Design and Management) Regulations 2015 (“Regulations”). However, there still seems to be confusion as to who should fulfil the role of the Principal Designer (“PD”).
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Rates debate - Re-development or disrepair?
07 July 2017Business rates have been big news recently following the Government’s controversial revaluation which took effect from 1 April 2017. Against the backdrop of all this negativity, the Supreme Court decision of Newbigin (Valuation Officer) v S J & J Monk [2017] at least provided some positive news for those carrying out developments or refurbishments of property.
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Tenants still can’t assign to their guarantors
07 July 2017There are often very good reasons why a lease would be assigned to a guarantor (e.g. corporate restructuring or the tenant’s insolvency). However, a case in 2016 - EMI Group Ltd v O & H Q1 Ltd - decided that such an assignment would be void at law, even if all parties agreed to it.
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Seller/Landlord beware! You need to take care with replies to preliminary enquiries
07 July 2017As part of any commercial property transaction a seller/landlord will usually be required to provide to the prospective buyer/tenant replies to a set of pre-contract enquiries (known as “preliminary enquiries”) – typically using the standard form Commercial Property Standard Enquiries (CPSEs) .
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Ignore Japanese knotweed at your peril!
07 July 2017Japanese knotweed is an invasive non-native species and is problematic because it can cause physical damage to land and buildings, particularly through spreading roots. During the summer months, it can grow up to 10 centimetres a day and roots can extend to a depth of three metres and up to seven metres laterally. The presence of knotweed can have a significant and detrimental effect on the marketability and insurability of property and may also adversely affect value.