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  30.03.2023

  Reino Unido

  Leon v Ke­n­si­n­g­ton Mo­r­t­ga­ge Co­m­pa­ny Ltd & Anor (2023) and the co­n­ce­pt of su­b­ro­ga­tion

  This briefing considers the concepts of "subrogation" and "bona vacantia" which were discussed in the recent case of Leon v Kensington Mortgage Company Ltd & Anor [2023] EWHC 121 (Ch). Where a surety or guarantor has to make a payment of the liabilities it has guaranteed to a third party, it will look to the principal debtor to reimburse it for that payment and to assist with this, the surety will have a right to be subrogated in relation to any security also held by the beneficiary of the guarantee. The beneficiary will want to ensure that these rights of subrogation only apply once they have...

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  24.03.2023

  United Kingdom

  Bui­l­di­ng Sa­fe­ty Act Re­gi­s­ter ope­ns ne­xt mo­n­th: a step-by-step gui­de to re­gi­s­t­ra­tion

  A new National Register of higher risk buildings in England is due to open in April 2023 (the “Register”).  The Register, set up by the new Building Safety Regulator as a consequence of the Building Safety Act 2022 (the “2022 Act”), is due to open for first registrations in April 2023.  All existing occupied higher risk buildings in England are to be added to the Register. This is expected to apply to around 13,000 existing buildings. The deadline for all of those buildings to be registered is 1 October 2023.The 2022 Act is coming in force in a staggered process....

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  15.03.2023

  United Kingdom

  Sp­ri­ng Bu­d­get 2023 – key tax po­li­cy an­nou­n­ce­me­n­ts

  Today’s Spring Budget speech focused on moving the UK economy into growth mode. With the increase in the main rate of corporation tax to 25% on the horizon and fast-approaching, the Chancellor turned to reliefs rather than rate cuts to demonstrate his commitment to incentivising investment in the UK. For most businesses, the “headline” announcement in this area will have been the introduction of a generous full-expensing regime for capital allowances, but other important measures include the permanent increase to the Annual Investment Allowance, reforms to Research & Development...

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  14.03.2023

  China

  Chi­na has ac­ce­ded to the Ha­gue Co­n­ve­n­tion of 5 Oc­to­ber 1961 Abo­li­shi­ng the Re­qui­re­me­nt of Le­ga­li­sa­tion for Fo­rei­gn Pu­b­lic Do­cu­me­n­ts

  On 8 March 2023, the People's Republic of China (the "PRC") has (finally!) acceded to the Hague Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents (the "Convention").The Convention between the PRC, as the acceding state, and other member states (which will not have raised an objection; see below) will enter into force as of 7 November 2023.This constitutes a long-awaited and very positive development.Please click here to read the full article.

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  09.03.2023

  England and Wales

  ‘We we­re on a break’… UK Hi­gh Court ru­les that a lea­se break no­ti­ce se­r­ved over 4 yea­rs prior is va­lid

  On the specific facts of this case the High Court has held that a break notice served four years in advance of the break date was valid. The defendant tenant attacked the validity of its predecessor’s notice, but Judge Hodge KC found that those criticisms raised no triable issue to resist the claimant landlord’s application for summary judgement. In those circumstances, the break notice was a notice to quit for the purposes of the Landlord and Tenant Act 1954 (“LTA”), and so the tenant was unable to serve a valid section 26 request for a new tenancy.BackgroundThe lease in...

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  08.03.2023

  United Kingdom

  The Ta­te Mo­de­rn Vie­wi­ng Ga­l­le­ry Ca­se: Im­p­li­ca­tio­ns for Pla­n­ni­ng

  On 1 February 2023, the Supreme Court handed down their much-awaited judgment in Fearn and others v Board of Trustees of the Tate Gallery,[1] finding that the impacts of the Tate Modern’s viewing gallery on the privacy of adjacent luxury flat owners constituted an unlawful nuisance.Five owners of luxury flats argued that overlooking by visitors to the viewing platform, which attracts hundreds of thousands of visitors each year, amounted to a nuisance.[2] The claimants were unsuccessful in the High Court and Court of Appeal. However, the Supreme Court disagreed, in a significant judgment for...

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