Real Estate | 04 July 2011

A hypothetical transaction lies at the heart of most valuation exercises, whether a capital valuation or a rental valuation. The parties must address a negotiation on assumed facts, based on ground rules set out in the lease or other contract and in case law.

An issue that presents itself is whether documents and information held by one party but not the other are relevant and ought to be disclosed to that other. The question is then turned round and the party against whom disclosure is sought asks: ‘How can these documents or information be relevant if they were not known to you?’ Battle is joined. [Continue Reading]

Real Estate | 04 May 2011

HKRUK II (CHC) Ltd v Marcus Alexander Heaney [2010] has been described by one leading rights of light surveyor as the ‘9/11’ of the rights of light world. Heaney has indeed dramatically changed the way in which owner-occupiers, developers, surveyors, insurance companies – and perhaps, more importantly, funders and prospective tenants of a proposed development – view the risks associated with potential rights of light infringements. [Continue Reading]

Real estate | 28 April 2011

The Localism Bill, which is now going through Parliament, has been highlighted by the government as a driver of housing supply improvement and sorely needed growth in the regions independent of financial wizardry. There has been much comment recently about whether localism will take us to the right place and really generate growth. [Continue Reading]

Corporate and commercial | 01 February 2010

On Friday 27 November 2009 the new European Commission, which will begin its mandate early in 2010, was announced by Commission President José Barroso. This announcement followed a week after the appointment of Herman Van Rompuy and Catherine Ashton as the President of the European Council and the High Representative of the Union for Foreign Affairs and Security Policy respectively, the two new roles created by the Lisbon Treaty, which entered into force on 1 December 2009. [Continue Reading]

Corporate and commercial | 01 February 2010

The European Ombudsman, Nikiforos Diamandouros, has published a decision upholding a complaint against the European Commission by Intel Corporation (Intel). The complaint relates to the Commission’s handling of its investigation into Intel’s business activities and, in particular, its record of a meeting with a senior executive from Dell Inc (Dell), one of Intel’s biggest customers. The Ombudsman has found that the Commission was guilty of maladministration in its handling of the investigation. [Continue Reading]

Corporate and commercial | 01 February 2010

On 11 November 2009, the European Commission imposed fines totalling over €173m on companies involved in a cartel in the market for heat stabilisers (Commission decision of 11 November 2009 in case 38.589). This brings the total value of fines imposed by the Commission in 2009 for cartel activity to over €1.6bn. The Commission found that 24 companies from ten corporate groups had been involved in price fixing, allocation of markets and customers, and the exchange of commercially sensitive information. [Continue Reading]

Corporate and commercial | 01 December 2009

After much deliberation and delay, the ratification of the Lisbon Treaty appears to be back on track and could enter into force this month. Ireland, the only country to hold a referendum on the Treaty, ratified it on 2 October 2009, with Poland following closely behind by signing on 10 October 2009.

[Continue Reading]

Legal Briefing

Author(s)

  • Chris Bryant, Senior associate,, Berwin Leighton Paisner

    Chris Bryant

    Senior associate,

  • Clare Reeve, Trainee Solicitor, Berwin Leighton Paisner

    Clare Reeve

    Trainee Solicitor