News, articles & legal updates

Latest news and legal updates

“Apres loi, le deluge” – Liability for Flood Damage

Over the past few weeks the media has been awash with scenes of damage caused to homes and businesses across the country by flooding. As individuals bail out the last of the floodwaters, thoughts turn towards regeneration and, in situations where local authorities and insurers prove reticent to pay out,...

Read more

Get your dwellings evalu… ATED!

Will your company or partnership own any dwellings individually worth more than £500,000 on Friday 1 April? If the answer’s yes, you need to get ready to file either some ATED returns or relief declarations during April 2016. HMRC will charge penalties on companies that fail to do this on time,...

Read more

Public scrutiny of company ownership – will you be ready?

Government proposals for greater corporate transparency are about to come to fruition. Changes to company law will require the first-time public disclosure of people who ultimately own and control most UK companies. This may affect both shareholders and others who can materially influence company decisions. From April this year, a...

Read more

Careless Inheritance tax relief claims cost penalties

We look at how inaccurate Inheritance tax returns can result in HMRC penalties and how this might apply to relief claims Penalties were introduced into the Inheritance tax regime by the Finance Act 2007 and apply where the date of death of the deceased is on or after 1 April...

Read more

Are you complying with consumer dispute resolution legislation?

Mediation and other forms of alternative methods of dispute resolution (ADR) have certainly increased in popularity over the years. Recently, legislation has been designed to encourage consumers and traders to turn more frequently to ADR when there is a dispute. ADR can certainly resolve disputes quickly, privately and maintain customer...

Read more

It does what it says on the tin

Full and final settlement and the compromise of claims On 11 February 2016, Lord Justice Lewison handed down the lead judgment in John Leslie v News Group Newspapers. The case involved the former television presenter John Leslie and his claims for phone hacking. Mr Leslie (along with a number of...

Read more

Mediation and the Courts

Compulsory participation in voluntary negotiations? Anyone involved in court proceedings will need to consider whether to engage in mediation to try to resolve the dispute, before the case is decided by a judge. But do you have to agree to mediate if you do not believe the process will assist,...

Read more

Don’t make promises you won’t keep…

It was “as plain as a pikestaff” that a contract had been entered into Imagine Mr Hughes’s elation! He thought he had just secured the car of his dreams, a limited edition of the 911 GT3 RS4 model – the last four litre 911 that Porsche was to produce. Knowing...

Read more

BFA Technical Bulletin

Re-statement on what’s a fair franchise renewal fee The British Franchise Association (bfa) has issued a re-statement on what it considers to be a fair renewal fee to renew a franchise agreement. The bfa has said “[f]rom time to time the bfa is presented with cases where the franchise agreement...

Read more

Waterways – Helping you to navigate the choppy waters

Issues relating to waterways can be complex.  We have significant recent relevant experience in supporting, assisting and advising riparian owners, local authorities and navigation authorities on a variety of river based issues in relation to both non-tidal and tidal rivers. We can use our expertise to assist you with the...

Read more

Losers lose more when ADR is ignored

A number of recent decisions have left us with no doubt that the courts are serious when it comes to encouraging mediation. Most of the judgments on this issue to date have concerned penalties imposed on the successful party. But what about the party who refuses mediation who then loses...

Read more

Meeting the standard

Considering the Private Rented Sector Minimum Energy Efficiency Standard Regulations (Non-Domestic) (MEES) The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 (“the Regulations”) come into force during the course of 2016 with the aim of assisting the Government achieve the UK’s legislative targets to reduce carbon levels by...

Read more

Clarke Willmott’s Corporate Deals 2015

Deal Highlights 2015 Clarke Willmott LLP’s Corporate team acted on more than 50 transactions during 2015. Highlights from the year include: Extra MSA Group Private placement of secured 10 yr bonds Deal value: £220m January 2015 Other advisors: Clifford Chance, DWF, Carey Olson Shareholders of Prysm Professional Limited Sale of...

Read more