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Recent Articles

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    22/02/2024
    United Kingdom

    Establishing liability under the Third Parties (Rights against Insurers) Act 2010 - Scotland Gas Networks Plc v QBE UK Ltd [2024] CSOH 15

    The Scottish Court of Session has, for the first time, considered what is required to establish a ‘liability’ for the purposes of the Third Parties (Rights against Insurers) Act 2010 (the “2010 Act”). In this matter, the Court found that a ‘decree in default’, issued due to the insolvent Insured’s failed to appear at a procedural hearing, was sufficient to establish ‘liability’.The decision is significant as, while insurers would usually have the right to ‘look behind’ a decision or settlement to form a view on whether the insured...
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    22/02/2024
    United Kingdom

    FTT makes first contested Remediation Contribution Order under the Building Safety Act

    The First Tier Tribunal (“FTT”) has published its decision in the first contested application for a Remediation Contribution Order (“RCO”) under section 124 of the Building Safety Act 2022 (“BSA”). In granting orders against the original developer and its parent company, the FTT has clarified the extent of the power to grant RCO’s and the way in which its “just and equitable” discretion will be exercised in the future. The FTT’s decision will be required reading for any parties involved in bringing or responding to applications for RCOs.BackgroundThe...
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    22/02/2024
    United Kingdom

    MEES - why are local authorities failing to enforce?

    The UK government has a continued drive and commitment to reach net zero emissions by 2050. Yet the risk of MEES enforcement is low. Against a hotly discussed political backdrop, why is it that local authorities are continually failing to enforce the MEES regulations? Left alone, the existing approach serves to undermine the UK’s net zero strategy.In the second MEES article in our data-driven series, we examine possible reasons for this complacency; the barriers local authorities are dealing with, the impact of their own property portfolios and whether the existing model does enough to incentivise...
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    20/02/2024
    United Kingdom

    Court of Appeal confirms position on damages for breach of public procurement rules

    The much anticipated judgment in the Braceurself appeal has been handed down by the Court of Appeal. The Court of Appeal (led by LJ Coulson) has reaffirmed the position established by the High Court that despite a breach of the public procurement rules changing the outcome of a procurement, that is not of itself automatically ‘sufficiently serious’ to justify an award of damages.Until Braceurself, it was generally assumed that a breach which changed the outcome of a procurement would be decisive on the question of sufficient seriousness. This judgment provides clarity on the relevant...
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    20/02/2024
    Bulgaria

    Ministry of Finance proposes a draft bill on Credit Servicers and Credit Purchasers

    The Bulgarian Ministry of Finance recently introduced for public consultation a bill for a new Credit Servicers and Credit Purchasers Act (“CSCPA”) implementing Directive (EU) 2021/2167 on credit servicers and credit purchasers (“CSD”). The CSD aims at creating a “single market” for distressed assets in the EU and introduces a harmonized regulatory framework for NPL-transactions between banks, credit purchasers and firms providing NPL-related services. The proposed CSCPA bill only concerns NPLs originated by credit institutions, thereby excluding loans provided...
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    20/02/2024
    United Kingdom

    Economic Crime and Corporate Transparency Act 2023: changes expected to come into force on 4 March 2024

    From Spring 2024 we expect the role of Companies House and the Registrar of Companies (Registrar) to change significantly from simply incorporating companies and being a largely passive information recipient and depository to being a pro-active regulator with clear objectives and the powers to fulfil them.Changes affecting the ongoing administration of companies and limited liability partnerships are also expected to come into force at the same time. Although no implementing regulation has been published yet, Companies House has announced that the date it is working to is 4 March 2024.The changes...
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