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PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. Background Established in 1966, the Korean Commercial Arbitration Board (KCAB) first introduced a separate set of International Rules in 2007, which was amended in 2011 and further amended in 2016. The 2016 International Arbitration Rules of the KCAB (2016 International Rules), which came into effect on 1 June 2016, reflecting the developments in international arbitration at the time. The 2016 International Arbitration Rules marked the 50th anniversary of its founding, and also coincided with the first major amendment to the Korean Arbitration Act since 1999. The enactment of the Arbitration Industry Promotion Act in June 2017 signalled continued Korean government support to develop Korea as a leading hub for international arbitration, with government funding for arbitral institutions including the KCAB, as well as support for arbitration practitioners, research and infrastructure in Korea. KCAB International was launched in April 2018 as a specialised division under the KCAB to administer
Q&As
The answer lies in whether on a true construction, the LPA has refused to determine the application, or refused the application. If the LPA has stated a reason for their refusal to determine, is it in fact a refusal to determine or have they in fact refused the application on the basis that one of the limitations or restrictions has not been fulfilled, namely that the application does not fall within the Town and Country Planning (General Permitted Development) (England) Order 2015 (GPDO 2015), SI 2015/596, Sch 2, Pt 3, provides for permitted development rights. For example,
Q&As
A joint tenant in equity may by their acts convert a joint tenancy into a tenancy in common, which is known as ‘severance’. Section 36(2) of the Law of Property Act 1925 (LPA 1925) refers to the right to sever a joint tenancy in an equitable interest by notice in writing, where the legal estate is not settled
GLOSSARY
The Landlord and Tenant Act 1954, Part II (LTA 1954). Where a business tenancy complies with the requirements of LTA 1954, s 23, a tenant will have a statutory right to seek a new lease at the expiry of its current tenancy.
NEWS
The Late Payment of Commercial Debts Regulations 2013 come into force on 16 March 2013. Their introduction is to effect implementation of Directive 2011/7/EU. The changes introduce maximum periods for product conformity confirmation before the payment period commences and maximum payment periods for which statutory interest is to run, as well as compensation rights for reasonable costs to the supplier of recovering a debt if that amount exceeds fixed sums.
NEWS
Property analysis: Max Thorowgood, barrister at Field Court Chambers, comments on the government response to the Law Commission’s recommendations for updating the Land Registration Act 2002 (LRA 2002) and highlights key recommendations as well as criticisms of the report.
NEWS
The Law Society has announced the amendments to the Leasehold and Freehold Reform Bill after the Bill passed the report stage and third reading in the House of Commons on 27 February 2024. Notably, the amendments will put into effect the ban on the sale of new leaseholds, a long-awaited update for industry professionals. Several exemptions to the ban were outlined, including National Trust land, shared ownership land and community land trusts. The Bill will now progress to the House of Lords for further scrutiny.
NEWS
The Law Society has published a summary of the Spring Budget 2024 taxation changes.
GLOSSARY
The Law Society, formed by Royal Charter, is the statutory regulator of solicitors and firms of solicitors.
NEWS
The Law Society has published a guide on the Building Safety Act 2022 (BSA 2022) to assist solicitors dealing with flat sales and purchases where BSA 2022 applies. The guide is primarily for those acting in residential leasehold conveyancing matters in relation to individual properties and focuses on acting for a seller, and acting for both a buyer and a lender. The Law Society has also published a series of answers to BSA 2022 frequently asked questions from the Department for Levelling Up, Housing and Communities.
NEWS
The Law Society has reported that new Europol research shows that 41% of organised crime networks launder money through property and 86% make use of legal business structures. The research was carried out by analysing 821 high-risk networks involving 25,000 individuals from a wide range of crime areas including drug trafficking, migrant smuggling and property crime. The Law Society has urged law firms to stay vigilant due to the growing threat of organised crime infiltration.