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Compulsory acquisition of land for in-house lawyers | Falcon Chambers

This article outlines the law and procedure for the compulsory acquisition of land. It also gives some practical tips for in-house lawyers. THE THREE PRINCIPAL 
STAGES OF ACQUISITION There are three basic stages in compulsory acquisition. First, the conferment of statutory powers of compulsory acquisition upon an acquiring authority or other promoter. Second, the steps …

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Constitutional debate rumbles on after ‘no’ vote | Brodies

On 18 September 2014, Scotland voted ‘no’ to the question ‘Should Scotland be an independent country?’. That has not meant an end to constitutional discussions and wranglings, however, with attention turning immediately to the further devolution of powers to the Scottish parliament. The Scottish parliament will in any event be receiving new powers, with the …

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An exercise in discretion | Cooley

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 …

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Emissions reduction and energy efficiency reporting: is it time to reconsider your compliance strategy? | Burges Salmon

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 …

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Ruling of the Court of Appeal in MM (Lebanon) & ors v secretary of state [2014] in relation to the minimum income requirement | Magrath Sheldrick LLP

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 …

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Disclaimer of leases: an essential guide | Falcon Chambers

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 …

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Update on Scottish tax | Brodies

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 …

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Failing health: why air quality legislation is not working
 | Burges Salmon

A whole body of well-established legislation controlling air pollution is failing to deliver results, in terms of preventing or reducing an estimated 29,000 premature deaths per year in the UK alone. The European Commission estimates that currently around 400,000 people die prematurely from outdoor air pollution across Europe. This article considers where and why the …

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”

Condition precedents: why, when and how should you use them?
 | Edwards Wildman Palmer UK LLP

When drafting a commercial agreement, it is prudent to think carefully about the potential issues that may lie ahead once the agreement has been signed and governs your commercial relationship with another party. In particular, where a certain event may trigger an onerous obligation on your part, you should think about whether the clause requires …

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”

Immigration appeals: the demise of the independent adjudicator | Magrath Sheldrick LLP

For some time, individuals making immigration applications both in the UK and outside of the UK have had the right to appeal to the Immigration Tribunal if their applications were refused. The statutory right to appeal, as set out in s82 of the Nationality, Immigration and Asylum Act 2002 (the 2002 Act), confirms that the …

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