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 …
EU Emissions Trading scheme (ETS) market reform is taking shape and appears to be moving ahead despite historic inertia. The Energy Savings Opportunity Scheme (ESOS), the new energy reporting regime, is now in place and enforcement of the Carbon Reduction Commitment (CRC) Energy Efficiency Scheme for phase 2 is intensifying. These enhanced requirements are impacting …
Contractual terms relating to the payment of bonuses by one party to another are ripe for dispute, particularly where those terms involve the exercise of discretion by the paying party. The proceedings brought by Andrew Brogden and Robert Reid against Investec Bank (Brogden & anor v Investec Bank Plc [2014]) are a further reminder of …
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 …