On 3 November 2020, we reported the implications of the first instance judgment in FCA v Arch Insurance (UK) Ltd & Ors in our Insights article here. Now, the Supreme Court has handed down judgment in the Financial Conduct Authority’s (FCA) appeal and it has been hailed as a victory by many small businesses. As … Continued
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The commercial lettings market remains in a state of flux. We summarise below some recent developments, relevant for both landlords and tenants, with a particular focus on recovery of rent, turnover leases and company voluntary arrangements (CVAs). Recovery of rent The landlord’s tools to recover rent have been very much blunted by recent legislation. Forfeiture … Continued
Do you own a long lease and want to alter your property, perhaps by an extension or basement conversion? Or are you a landlord who has been approached by a leaseholder who wants to carry out similar works? Beware: you may be liable for breach of covenant following the further articulation of the law in … Continued
‘Government pledges to reform leasehold law to make the system easier and cheaper for leaseholders ‘ The Government’s announcement on 7 January 2021 outlined plans to reform the leasehold system. It has been on the Government’s radar for quite some time and the recent announcement makes clear that they are beginning to act on recommendations … Continued
Following our Cladding Q&A insight in November 2020, the following questions focus on the Building Safety Fund and legislative reform including the draft Building Safety Bill and the Fire Safety Bill. What is the Building Safety Fund (BSF)? The BSF is a £1bn fund (2020/2021 tax year) intended to help those living in buildings … Continued
Target Rich International Limited v Forex Capital Markets Limited [2020] EWHC 1544 (Comm) Speed Read Summary This summer, the High Court handed down judgment, dismissing Target Rich International Ltd’s (TRI) claim for compensation and damages in relation to trades it had placed through Forex Capital Markets Limited’s (FXCM) online forex trading platform. The claim involved … Continued
There has been a lot in the news recently about buildings suffering from defective cladding which may pose a fire risk. Building owners have been left with the high costs of replacement works, and leaseholders are frequently served with substantial service charge demands. So, what is going on? We look to clarify some of the … Continued
Are you contemplating dispute resolution of some kind, whether because you want to make a claim or are facing a claim, in or out of Court, but are not sure how you can fund the matter? Have you already been named as a party to Court proceedings so that you are involved in litigation now? … Continued
Has COVID-19 interrupted or interfered with your business in some way? Are you wondering whether you are able to claim insurance cover for these events? Have you approached your insurer but they have refused to pay out? The High Court recently handed down judgment in a test case brought by the Financial Conduct Authority that … Continued
Campaigners have been striving for ‘no fault divorce’ for over 30 years and at last, the ‘Divorce, Dissolution and Separation Bill’ has finally reached the end of its parliamentary journey having become an Act of Parliament on 25 June 2020. In the biggest shake-up of divorce law in the last half century, the implementation of … Continued
