Contracting parties have increasingly been agreeing to commit themselves to some form of inter partes discussion prior to the issuance of formal proceedings. This is despite the courts’ historic lack of inclination to find such dispute resolution clauses to be enforceable. However, this looks set to change: in Emirates Trading Agency LLC v Prime Mineral …
On 18 September 2014, Scotland voted ‘no’ to the question ‘Should Scotland be an independent country?’. That has not meant an end to constitutional discussions and wranglings, however, with attention turning immediately to the further devolution of powers to the Scottish parliament. The Scottish parliament will in any event be receiving new powers, with the …
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This article outlines the law and procedure for the compulsory acquisition of land. It also gives some practical tips for in-house lawyers. THE THREE PRINCIPAL STAGES OF ACQUISITION There are three basic stages in compulsory acquisition. First, the conferment of statutory powers of compulsory acquisition upon an acquiring authority or other promoter. Second, the steps …
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Terminating a commercial contract can be fraught with pitfalls and too often a decision is taken to terminate without a full appreciation of the legal and financial consequences. The High Court underlined those risks in the recent case ofComau UK Ltd v Lotus Lightweight Structures Ltd [2014], and took the opportunity to lay down guidance …
Continue reading “When diamonds aren’t forever… mishandling termination of contracts”
Violence in central america drives child migrants to the US border. Child migrants fleeing to the United States has led to an unprecedented humanitarian crisis. The vast majority of these migrants come from Honduras, El Salvador and Guatemala – all struggling with levels of violence tantamount to a political insurgency. Street gangs have turned Honduras …
Carbon Capture and Storage (CCS) has great potential as a means of achieving dramatic reductions in the carbon dioxide (CO2) produced by combustion. The real questions about CCS remain over the technical viability of CCS and storage at scale, and the commercial and other barriers to its wider deployment. CCS involves: capturing CO2 from power …
Continue reading “Carbon capture and storage: next steps for the UK”
All too often parties amending a term of a contract will give insufficient consideration to how the amended term will interact with the remainder of the contract. Where the contract contains a liquidated damages clause, parties must be alive to the fact that the amendments may lead to a change in the value of the …
On 1 April 2015, the first payments of Land and Buildings Transaction Tax (LBTT) and Scottish Landfill Tax (SLfT) will start to be made to Scotland’s new tax authority, Revenue Scotland. LBTT, which replaces Stamp Duty Land Tax on transactions involving land in Scotland, is governed by the Land and Buildings Transactions (Scotland) Act 2013 …
Even within a recovering rental market, the impact of insolvency can be severe. In particular, the power to disclaim a lease as onerous property can have significant implications for not only parties to the lease but also group companies (acting as guarantor), sublessees and mortgagees. As the recent case of Schroder Exempt Property Unit Trust …
The Court of Appeal has delivered its verdict as to whether Blake LJ was correct in concluding that the minimum income requirement (MIR) for applicants submitting entry clearance applications was indeed unlawful. The much anticipated decision may be deemed controversial as it unanimously held that the stringent requirements were not disproportionate and did not interfere …