The pace of the change in the commercial property market in Scotland has been rapid of late. Within five months of each other, a new land registration system and a new property tax have been introduced. Coupled with developments in case law and the pursuit of the green agenda, property lawyers have been kept on …
The UK’s corporate legal profession has doubled in size in the past 15 years and one in four solicitors now works in-house. Lawyers, therefore, have more influence over corporate decision making and corporate lawyers represent a greater proportion of the profession than ever before. How can general counsel keep the legal function at the heart …
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For some years, a pre-packaged administration sale (pre-pack) was the preferred option for distressed High-Street chains when the directors were considering restructuring options. However, recently, there has been an upswing in the number of companies with large property portfolios opting to utilise Company Voluntary Arrangements (CVAs) rather than undergoing a more formal insolvency procedure, such …
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The UK is in the midst of implementing a series of immigration measures made law by the Immigration Act 2014 (the Act). The latest of these is the immigration health surcharge (IHS) for persons coming to the UK for longer than six months, which came into effect on 6 April 2015, together with confirmation of …
With environmental considerations playing an increasingly important role in our everyday lives, it is perhaps surprising that, aside from the Green Party agenda, the sphere of environmental and energy policy took a relative back seat in the lead up to the 7 May 2015 general election. As the dust from the election settles, however, it …
Contractual terms granting discretion for a party to determine unilaterally the outcome of a matter in prescribed circumstances are not an uncommon feature in commercial contracts. In fact, such clauses can be immeasurably helpful in enabling the contracting parties to operate on a day-to-day basis without the need to refer continually to the other for …
Continue reading “Contractual discretion: how should it be exercised?”