The Leasehold and Freehold Reform Act 2024 removes the “toxic” rights of rentcharge owners to recover historic rentcharges from landowners and reforms the process for their recovery. Background Historic rentcharges require owners of property subject to a rentcharge to pay an annual sum (usually a nominal amount) to the owner of the rentcharge. There are draconian rights of recovery where they are not paid. These are set out in section 121 of the Law of Property Act 1925 ...
On Dec. 11, Federal Trade Commission and the U.S. Department of Justice's Antitrust Division jointly withdrew the antitrust guidelines for collaborations among competitors. In place since April 2000, the guidelines purported to set forth an analytical framework for the agencies' antitrust enforcement policy under Section 1 of the Sherman Act, with respect to collaborative agreements between actual or potential competitors ...
The new EU Product Liability Directive (Directive (EU) 2024/2853) represents a comprehensive overhaul of existing product liability laws, expanding the scope of what the law considers to be a "product" and the compensable harm a claimant can pursue. In this article we highlight the key features of the new Directive and look at what it means for businesses operating in or exporting products to the EU ...
Several interesting cases have been decided both by the ordinary courts and by other dispute resolution bodies over the past year. We have also observed some emerging trends in dispute resolution. Key decisions from the Supreme Court include HR-2024-550-A. which involved the ownership of minerals. The landowner’s side was represented by SVW partners Øystein Nore Nyhus and Christian Reusch. From the insurance sector, HR-2024-2040-A is noteworthy ...
Approximately 500,000 people die each year in England and Wales and burial space is running out. The problem is most acute in the major cities, where large parcels of available land are scarce and competition with developers is often fierce. (and will be more so if the Government’s commitment to reform planning laws to meet the nation’s housing needs comes to fruition) ...
In this edition, we offer a diverse range of content: First, we present an update on an upcoming case before the Supreme Court concerning section 36 of the Contracts Act. We will also provide some insights from a recent Supreme Court ruling on the insurance condition regarding sudden and unforeseen physical damage. Additionally, we discuss significant takeaways from the appeals judgment in the Dutch Shell case ...
Under South African criminal law, a life imprisonment sentence is the most severe form of judicial punishment that can be imposed upon a convicted criminal and is therefore reserved for the most serious offences. When a judge passes a life sentence, they must specify the minimum term that the offender must spend in prison before becoming eligible for parole, which is determined in accordance with section 51 of the Criminal Law Amendment Act 105 of 1997 ...
On December 3, 2024, the U.S. District Court for the Eastern District of Texas issued a nationwide preliminary injunction against enforcement of the Corporate Transparency Act (“CTA”).[1] The CTA, and its Reporting Rule, were set to require approximately 32.6 million existing reporting companies to file beneficial ownership information (“BOI”) reports with FinCEN by January 1, 2025 ...
Unlike virtual reality, which is fully immersive and where the real world disappears from view entirely, augmented reality (“AR”) is more nuanced and enables digital assets to be layered over physical assets, like a building ...
Hot on the heels of the Non-Domestic Rating Act 2023 coming into force, the new government announced preliminary steps in its Autumn Budget to reform the business rates system. The key changes introduced by the Act, combined with the proposals outlined in the Budget, are set to have a major impact on businesses in the coming years ...
SyCipLaw has contributed the Philippine chapter in the latest edition of The Legal 500: International Arbitration Comparative Guide. Senior Partner and Head of Litigation Department Ricardo Ma. P.G. Ongkiko co-authored the chapter with Partners Anthony W. Dee, John Christian Joy A. Regalado, and Ma. Patricia B. Paz-Jacoba ...
The Law Commission has published its much-anticipated consultation paper on proposed reform to the Landlord and Tenant Act 1954. This consultation asks a fundamental question: should a statutory scheme of security of tenure exist and if so, how should it operate? Commercial leases, from warehouse premises to offices and shops usually have a legal right to a new lease when the existing lease ends, unless the parties have agreed otherwise, or a landlord can meet one of a short list of exceptions ...
Metro Bank PLC was fined £16,675,200 (after a 30% discount) by the Financial Conduct Authority for failings in its transaction monitoring systems and controls. The FCA found that the bank’s failures led to the risk it was inadvertently being used for the purposes of financial crime. Key facts: Metro Bank PLC implemented an Automated Transaction Monitoring System (“ATMS”) to monitor customer transactions ...
The question of who bears the loss suffered as a result of a business email compromise was answered by the Western Cape division of the High Court in the recent judgment ofGripper & Company (Pty) Ltd v Ganedhi Trading Enterprises CC. Background Facts Gripper & Company (Pty) Limited (“Gripper”) and Ganedhi Trading Enterprises CC (“Ganedhi”) have been dealing with each other since 2014 ...
Businesses involved in, or contemplating litigation are advised to give serious consideration to ADR from the outset of a dispute as well as during the lifecycle of a claim. For those parties who relish their day in Court and pay lip service to alternative dispute resolution (“ADR”), the recent amendments to the Civil Procedure Rules (“CPR”) will make life harder for those parties as the Courts now have the power to order parties to engage in ADR ...
The Belgian takeover market is currently undergoing a full transformation. Three experts from the independent law firm, ALTIUS, share their insights about the new dynamics in the field of mergers and acquisitions (M&A). “We see clear links with restructurings, bankruptcies, and the evolution of the real estate market.” The new dynamics currently driving the takeover market in our country are the result of various factors ...
Our readers may recall our column in this magazine last Fall involving a SALT malpractice suit filed against a North Carolina CPA firm by its former client, Vista Horticulture, Inc. d/b/a Eden Brothers. If you or your spouse are gardeners, you may know the company as an online seller of flower bulbs and seeds, etc. to customers all over the country ...
The FCA has published the results of its culture and non financial misconduct survey. Here are some points to note. Key facts: The FCA surveyed regulated wholesale financial services firms asking questions about incidences of non-financial misconduct and the firm’s policies and procedures relating to firms’ culture ...
A critical new bill is now making its way through Parliament, with potential far-reaching implications for the general public and the real estate sector if passed. The bill, often referred to as Martyn’s Law, was named in honour of Martyn Hett, who was killed in the Manchester Arena attack in 2017, and whose mother has been a steadfast advocate for its enactment ...
This is a meaningful Budget for the affordable housing sector, with positive signs that housing, particularly affordable housing, is being prioritised by the government. This reflects a recognition of how crucial community building is for social cohesion and the economy. As highlighted in the Radix Big Tent Housing Commission’s recommendations last week, a prompt rent settlement is essential for the affordable housing sector and for Registered Providers ...
By: Melissa Groisman, Esq. As of October 1, 2024, Florida has implemented stricter flood disclosure requirements for residential real estate transactions. This means that sellers are now required to disclose a property’s flood risk to potential buyers prior to executing a purchase and sale agreement. What Does This Mean for Sellers and Buyers? Sellers: To comply with the new law, sellers must disclose any previous flood damage claims and federal assistance received due to flooding ...
Here's a refresher: Discriminating against a subclass of a sex — e.g., older women or black women — may still be discrimination. In a Sept. 19 opinion in McCreight v. AuburnBank, the U.S. Court of Appeals for the Eleventh Circuit clarified a few things for the summary judgment standard and provided a good refresher on "sex-plus" discrimination, or discrimination based on a subclass of sex ...
Hark! A recent Alabama Supreme Court indemnity decision, Mobile Infirmary Association v. Quest Diagnostics Clinical Laboratories, may require you to retrieve your drafting pen. Although not a case involving a construction dispute, Mobile Infirmary does address a key component of risk shifting in construction contracts — the indemnity clause ...
If you find yourself at risk of personal liability as a director in respect of a company's affairs then it is vital that you seek urgent legal advice to mitigate your loss. As a general rule, any claims for wrongdoings committed by the company should be brought against the company as it is recognised as a distinct legal entity and is therefore separate from its shareholders and directors. However, this protection is not absolute ...
Background In January 2022, the Hordaland District Court issued a decision that authorised the Competition Authority to conduct a dawn raid and seize evidence at Kommunal Landspensjonskasse Mutual Insurance Company (“KLP”). The dawn raid was carried out in February 2022. The seizure included, among other things, electronic material produced by KLP’s in-house lawyers ...
