Refine By
Clear all filter
About 92760 results for "*"
NEWS
Property analysis: On 22 March 2021 the government responded to the Law Commission’s report on Technical Issues in Charity Law. It agreed to most of the recommendations, including those which are designed to reduce some of the administrative burdens associated with dealing with charity land. Maxim Cardew, chancery barrister who specialises in charity and property law at Maitland Chambers, analyses the background and the implications of the report.
NEWS
Property analysis: On 24 July 2018 the Law Commission of England and Wales issued its 611-page report on ‘Updating the Land Registration Act 2002’. Professor Nick Hopkins, law commissioner, introduces this paper and comments on what the final property law outputs could look like. In addition, Malcolm Waters QC of Radcliffe Chambers and Warren Gordon of CMS provide their reactions to this substantial proposal for law reform and its likely impacts.
PRECEDENTS
Court Reference Number. [number]. [ IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY DIVISION INSOLVENCY AND COMPANIES LIST, ROLLS BUILDING, LONDON OR IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY DIVISION INSOLVENCY AND COMPANIES LIST IN [insert location] OR IN THE COUNTY COURT AT [insert location] BUSINESS AND PROPERTY WORK ] In the Matter of [name of partnership/partnership members] trading as [name of partnership] And in the Matter of the Insolvency Act 1986 And in the Matter of the Insolvent Partnerships Order 1994 PROPOSAL FOR A PARTNERSHIP VOLUNTARY ARRANGEMENT 1 Introduction A Partnership Voluntary Arrangement (PVA) is a procedure established by Part I of the Insolvency Act 1986 as applied and modified by the Insolvent Partnerships Order 1994 which enables a partnership to make a proposal to its creditors for a composition or a scheme of arrangement of its affairs under the terms of which it reaches agreement with its creditors as to how its debts should be paid in whole or in part. If it is to be effective the proposal requires the approval of a majority of 75% or more in value of creditors of the Partnership voting
NEWS
Planning analysis: The government has published a Planning Reform Working Paper titled ‘Development and Nature Recovery’, inviting views on proposals for a new approach to how housing and infrastructure development can meet its environmental obligations and contribute to nature recovery. The key proposals include shifting responsibility from multiple project-specific assessments to a single strategic assessment and delivery plan for addressing environmental impacts, moving more responsibility from developers to the state, and allowing impacts to be dealt with strategically in exchange for a financial payment that helps fund strategic actions.
NEWS
Information Law analysis: Charlie Wedin, partner, Katie Simmonds, associate director, and Nina Lazic, associate director, of Osborne Clarke, consider the UK and EU's proposals for reform of cybersecurity laws and what divergence this is likely to create between UK and EU law going forwards.
NEWS
MLex: Controversial plans for ‘a more permissive AI environment’ with a copyright exception for text and data mining ‘will not be taken forward’, a junior digital minister, Julia Lopez, suggested on 31 January 2023. Lopez said she ‘tried to reassure people in...creative industry...that some of their concerns are not going to come to pass’, before backtracking by saying she formally ‘can't quite announce’ the policy change just yet.
NEWS
The Ministry of Housing, Communities and Local Government (MHCLG) announced the introduction of the English Devolution and Community Empowerment Bill to Parliament on 10 July 2025. MHCLG also published accompanying guidance outlining the Bill’s measures. Part 5 of the Bill includes measures banning upwards-only rent review clauses in business tenancies to which Part II of the Landlord and Tenant Act 1954 applies. The ban will extend to renewal leases and to put options where a landlord can require a tenant to take a new tenancy. Once in effect, any upwards-only rent review clause included in a new or renewal commercial lease will be unenforceable. Rent will instead be determined according to the methodology set out in the lease, which may result in a higher, lower, or unchanged rent. The measure is intended to create a fairer commercial leasing environment for tenants, ensure more efficient high street rent setting and promote economic growth.
NEWS
Employment news analysis: The Equality and Human Rights Commission (EHRC) has launched a consultation on proposed changes to its technical guidance on sexual harassment and harassment at work. The changes take into account the new legal obligation on employers to take reasonable steps to prevent sexual harassment of their workers, set out in changes to the Equality Act 2010 made by the Worker Protection (Amendment of Equality Act 2010) Act 2023 and coming into force on 26 October 2024. The consultation runs between 9 July 2024 and 6 August 2024.
NEWS
Ireland—Commercial analysis: This article, written by Alan Roberts, Alison Fanagan and Rachel Kemp of A&L Goodbody LLP, discusses the Environment (Miscellaneous Provisions) Bill 2025 that is currently progressing through the legislative process and aims to streamline Environmental Protection Agency (EPA) licensing systems.
CHECKLISTS
This flowchart illustrates the process of making a proposed instruction claim under the NEC4 Engineering and Construction Contract, which might entitle the Contractor to additional time to complete
NEWS
Ireland—Banking & Financial Service analysis: This article, was written by Stephen d’Ardis of Arthur Cox.
PRACTICE NOTES
Creditors are often keen to establish proprietary claims as they create rights in rem (which attach to the property itself) rather than personal claims (which just attach to a person). This difference is particularly important when a company enters insolvency as assets subject to proprietary claims will not form part of the distressed company's estate, so the holder may be able to make a full recovery, rather than having to prove as an unsecured creditor in the liquidation/administration and wait for a dividend (which usually takes several months and is often less than a 50% dividend — and sometimes almost nothing at all). Effectively, proprietary claims leap-frog over secured and preferential creditors in the waterfall of priorities as the assets are ring-fenced for the benefit of the holder of the proprietary claim. For payment waterfalls, see Practice Note: Waterfall of payments—a comparative guide. Trust principles Proprietary claims are usually based on principles of trust law, which require the existence of the following certainties to create a valid trust (Re Sendo International (in administration)):