From 6 April 2008, all new consumer credit agreements and consumer hire agreements will be regulated regardless of the amount of credit (unless they are exempt). The main exemption is for first charge mortgages regulated by the FSA. ...
Cherry Tree Finance sought to appeal against the decision that an early redemption penalty imposed by it was unfair. Mr and Mrs Evans carried out an antique restoration business from a property they owned. The property comprised part business and p...
The Financial Services Authority (FSA) has fined Toronto Dominion Bank £490,000 for systems and controls failings in relation to one of its trading books. The fine arose from a failure to supervise a trader within the firm who had been recordi...
The OFT has published details of the information sheets required by the Consumer Credit Act 1974 (CCA) as amended by the Consumer Credit Act 2006 for sending to borrowers in arrears and with default notices. The information sheets are to be implemen...
Clive Briault, FSA Retail Managing Director, gave advice to the Council of Mortgage Lenders Annual Conference urging firms to assess their funding and liquidity positions in light of expected worsening of liquidity and credit risks. Mr Briault also...
It is estimated that there are currently hundreds of millions of pounds sitting unclaimed in UK bank and building society accounts. This forgotten money is a drain on the resources of financial institutions, when it could potentially be put to good ...
The test case brought by the Office of Fair Trading (OFT) against a selection of banks and a building society has begun in the High Court in London. The case concerns the legality and reasonableness of charging unauthorised overdrafts and other bank...
This case was a reference to the European Court of Human Rights under Protocol 1, Article 1 of the European Convention of Human Rights – peaceful enjoyment of possessions. The claimants had owned land that was leased to a group of fa...
The Office of Fair Trading (OFT) has published details of the information sheets required by the Consumer Credit Act 1974 (CCA) as amended by the Consumer Credit Act 2006 for sending to borrowers in arrears and with default notices. The information ...
INTRODUCTION The COVID-19 Regulations issued by the government have required persons to work from home, where they can. As we have engaged with our clients on a daily basis, one of the key questions is whether a person’s home becomes a “...
Freehold Properties 250 Ltd v Field [2020] EWHC 792 (Ch) The tenants of terraced and semi-detached houses on an estate, demised under a long lease that excluded certain structural parts had no right to acquire the freehold title as they were not "a ...
Slovak-Austrian Chamber of Commerce together with law firm Eversheds Sutherland invites you to a webinar: First practical experience with measures to mitigate the economic consequences of COVID19 in Slovakia. The Slovak republic applied a number of ...
As employers, trade unions, public health authorities and the government work together to safeguard communities, ease the lockdown and reopen workplaces, it is clear that leadership, trust and careful planning will play a vital role in this critical...
In this session we answered some of the most common questions clients have asked us over recent weeks as well as digging into more detail around how your business should proceed with specific legal and technical challenges according to French, Germa...
...
...
For landlords involved in construction works, COVID-19 is creating a fast-changing and uncertain landscape. Whilst many things are beyond a landlord's control, there are some important practical steps that can be taken to maximise control ov...
COVID-19 is creating a fast-changing and uncertain landscape. Many prospective tenants will be undertaking fit out works under their agreements for lease. Our webinar held on 31st March highlighted some important practical steps that could be taken ...
As Bruce Dear writes, “COVID-19 poses a threat of unparalleled potency to our real estate markets and economy. So our industry and government must unite behind a grand, generous and visionary response to match the scale of this once in a cent...
Commercial Court – a return to action? On 4 May 2020, the Commercial Court Judge in Northern Ireland, the Honourable Mr Justice Horner, circulated an update to legal professionals stating clearly that the Commercial ‘Hub’ is open f...
On 20th March, we held the 'Coronavirus Insights and practical solutions for landlords' webinar. In this webinar, our speakers discussed how the outbreak of Covid-19 and the subsequent political and economic impact is having a signific...
On 20th March, we held the 'Coronavirus Insights and practical solutions for landlords' webinar.
...
...
...
...
On 29 April 2020, a directive addressing the implementation of necessary occupational health and safety measures in workplaces to reduce and eliminate the escalation of Covid-19 infections (“Directive”) was published. The Occupational He...
BACKGROUND New Regulations were issued in terms of the Disaster Management Act, No. 57 of 2002 (Disaster Management Act) on 29 April 2020 (New DMA Regulations). Regulation 2(3) of the New DMA Regulations provides that any Directions issued by a resp...
Mining and Natural Resources Sector - Life after Lockdown and Covid-19:Updated on 16 April 2020 to include the amendments to the Regulations issued in terms of the Disaster Management Act No 57 of 2002 It has been an extremely frenetic few weeks sin...
The Government has published advice on meeting the regulatory requirement to obtain a valid Energy Performance Certificate (“EPC”) prior to marketing a property during the Coronavirus outbreak. By way of reminder, the Energy Performance ...
The lockdown announced by the President on 23 March 2020 left many parents who are co-holders of parental responsibilities and rights uncertain as to what the position is in regard to their right to exercise contact and care to their children during...
Under Gazette number 43199 of 2 April 2020, the Department of Co-Operative Governance and Traditional Affairs has issued various amendments to the regulations issued by it in terms of the Disaster Management Act, relating to funeral attendances, fin...
Advice note - Remote/home working during the coronavirus outbreak Employers are facing unprecedented challenges due to the coronavirus, which for some mean that a significant proportion, if not all, of its workforce are working from home, at short n...
Amidst the attention grabbing hysteria of Coronavirus headlines, some commentators have speculated that employers may be about to face prosecution if they don’t take all precautions possible to protect staff and third parties from infection. I...
Amidst the attention grabbing hysteria of Coronavirus headlines, some commentators have speculated that employers may be about to face prosecution if they don’t take all precautions possible to protect staff and third parties from infection. I...
In September 2019, the UK government introduced new legislation which will change the way in which food businesses are required to provided allergen information. The new legislation, which comes into force on 1 October 2021, requires food businesses...
...
Amy Sadro, Principal Associate in Eversheds Sutherland’s Environment, Health and Safety Team and Dr Chris Nelson, a Principal Consultant and specialist in noise and vibration at Finch Consulting give their views on recent HAVS prosecutio...
Whether it is caused by a medical condition, working hours, shift patterns or personal circumstances, fatigue is a health and safety risk that can often be overlooked, but must be controlled by employers. Many well-known major accidents such a...
Deepak Abbhi v Richard John Slade (trading as Richard Slade & Co) [2019] EWCA Civ 2175 The Court of Appeal recently unanimously held that an oral promise by a son-in-law to give money to his father-in-law to pay legal fees was an indemnity and n...
Fouladi v Darout Ltd and others [2018] EWHC 3501 (Ch) A nuisance is caused by a person doing something on his own land, which he is lawfully entitled to do but which becomes a nuisance when the consequences of his act extend to the land of his neigh...
CDS (Superstores International) Limited v Place Road Properties Limited (Unreported) The County Court in Bristol has agreed to rectify the rent and rent review provisions in a lease on the basis that the agreement was reached under a mistake. The pa...
Palo Alto Limited, Peter Weiss and David Hedges v Alnor Estates Limited [2018] UKUT 0231 (TCC) The Upper Tribunal has approved the First-Tier Tribunal’s decision to rectify leases which a landlord, Alnor Estates, had inadvertently granted for ...
Beaumont Business Centres Limited v Florala Properties Limited [2018] EWHC 2112 (Ch) The High Court was not persuaded that Beaumont, the Claimant, should be precluded from continuing with its claim for an injunction to restrict works which threatene...
No.1 West India Quay (Residential) Ltd v East Tower Apartments Ltd [2018] EWCA Civ 250 The Court of Appeal has overturned the High Court’s decision and confirmed that where two out of three of the landlord’s reasons for refusing consent ...
TRILLIUM (PRIME) PROPERTY GP LTD v ELMFIELD ROAD LTD (2018) [2018] EWCA Civ 1556 The tenant sought, on appeal, to argue that the wording of its rent review clause was ambiguous such that the calculation for its rent review could not be taken literal...
R (Principled Offsite Logistics Limited) – v - Trafford Council [2018] EWHC 1687 (Admin) In a decision which will be welcomed by corporate occupiers nationwide, the High Court has ruled that the storage model employed by Principled Offsite Log...