Member Articles

Following the recent High Court decision in R (Dennis) v LB Southwark [2024] EWHC 57 (Admin), Shoosmiths’ planning practice has received a raft of queries over the issue of ‘drop in’ consents, and the future-proofing of planning permissions for large multi-phased developments. There has been much debate on the issue ...

The Food Standards Agency (FSA) has launched a campaign highlighting the risks of food labelled as vegan to people with allergies.  Research from the FSA has shown that 62% of consumers with an animal-based allergy were confident that products labelled as ‘vegan’ were safe to eat. The FSA says this confidence is incorrect and is putting people at risk ...

Short term holiday lets in Jersey Following the introduction of the Planning and Building (General Development – Short-term Holiday Lets) (Jersey) Amendment Order 2024 (the "2024 Order") which comes in to force on 1 April 2024, properties may be used for the purpose of short-term holiday lets for up to 12 weeks in each calendar year ...

On December 6, 2023, an amendment to the Act to amend the Act respecting municipal taxation and other legislative provisions1(?Bill 39?)was adopted during a clause-by-clause consideration of Bill 39 in parliamentary committee. Two days later, the Bill received assent ...

The deadline of the of 6 April is fast approaching for private sector businesses carrying out building control work in England and Wales to register with the Building Safety Regulator (BSR) as registered building control approvers (RBCAs). The move from Approved Inspectors to RBCAs is one of the changes the Building Safety Act 2022 seeks to make to raise competence levels in building control and increase accountability ...

Governments around the world are thinking about encouraging  data sharing on a larger scale by using regulation. In the EU we have the EU Data Act, which will take effect in 2025 so is fast coming around the corner. It’s a juggernaut, and once it hits things may never be quite the same again. So what effect will it have? A recent CJEU ruling illustrates some of the problems it is likely to cause ...

Episode 8 of the Journey Through a Contract series highlights the key considerations when a business is entering into a contract with a consumer. This podcast examines the key considerations parties should give to contractual rights and obligations as they flow through a supply chain. A supply chain can consist of a number of different contracts, including those with raw material suppliers and manufacturers at the start, to distributors and customers at the end ...

In the ever-evolving landscape of intellectual property law, a new federal bill has emerged to address the unique challenges faced by golf course designers and architects. The Bolstering Intellectual Rights against Digital Infringement Enhancement, or BIRDIE, Act would extend copyright protection to golf course designs, acknowledging the creative and intellectual effort involved in crafting these intricate and aesthetically pleasing spaces. This bipartisan legislation — introduced by U ...

Following chancellor Jeremy Hunt’s Spring Budget speech made on 6 March 2024, legal experts at law firm Shoosmiths share their views on the announcements ...

On February 12, 2024, the Court of Appeal of Quebec handed down its decision in Société d?assurance Beneva inc. c. Bordeleau,1 dealing in particular with the burden of proof incumbent on an insurer when it denies coverage on the basis of an insured?s intentional fault, and an award of damages against an insurer for breach of its duty of good faith. The facts This decision was rendered further to a dispute between Société d?assurance Beneva inc ...

You may already be aware of a new federal law called the Corporate Transparency Act (the CTA), which became effective on January 1, 2024.  The CTA was enacted as part of the National Defense Authorization Act and mandates that certain business entities (“Reporting Companies”) report identifying information to the Financial Crimes Enforcement Network (FinCEN) ...

Shoosmiths' Natalie Aldread explores two recent cases and their implications for break options and the renewal of a business tenancy under the Landlord and Tenant Act 1954 It is often assumed that where renewal of a business tenancy under the Landlord and Tenant Act 1954 has not been opposed, the bar is reasonably low to include a landlord’s break option in the new lease. Two recent cases do, however, indicate that this is not always the case ...

A core aim of the Building Safety Act 2022 (BSA) is to ensure the real estate industry - rather than leaseholders or the taxpayer - meets building safety expenditure. One way this is to be achieved is by introducing the Building Safety Levy under s.58 of the BSA. The government has now moved one step closer to the implementation of the levy with the recent publication of a consultation outcome and the publication of a third consultation - closing on 20 February 2024 ...

Shoosmiths' real estate experts explore commonly encountered issues and also tips and traps for providing and receiving replies to Commercial Property Standard Enquiries. Replies to Commercial Property Standard Enquiries (“CPSEs”) are designed to provide practical information about the property to assist buyers and tenants with their due diligence ...

Since 2010, the Danish toy giant Lego has had a registered design right in the EU to the toy brick, commonly referred to as «the Lego brick»: Photo reference: View More