Throughout the coming months, DLA Piper will be reporting on developments in antitrust and competition law — and how these changes affect your business — not only in the US but worldwide. Today’s update looks at the status of competition law in three countries: Brazil, Spain and Italy. Each of these countries has taken important […]
The next two days in Congress will be characterised by fast-moving developments on the government shutdown/debt ceiling issues. As of this morning the situation is as follows: A bipartisan group of senators has been working on a proposal that would likely do the following: (1) government funding will be extended through mid-January 2014 and the […]
By Barbara J Harris Post-employment restrictive covenants in the context of employment relationships have long posed challenges for employers. Both the nature of the agreement and the context in which it is entered into affect the enforceability of restrictive covenants. The lack of a unified or ‘national’ body of law on restrictive covenants within the […]
Earlier this year, the Court of Appeal heard the case of Day & Another v Day, which involved an application seeking the rectification of a conveyance of property that took place in 1985. The matter followed the death of Mrs Day in December 2008. The appellants were James and Michael Day and the respondent was Terence […]
As reported in the summer edition of Real Estate Matters, the Energy Act 2011 could have far-reaching implications for owners of commercial property. The act contains provisions that impose an obligation on the secretary of state to make regulations before 1 April 2018 to ensure that a landlord of commercial property, for which there is […]
China has one of the largest markets of renewables in the world and has rich solar resources across its territory. Although China has been initially slow in developing its own solar market, the start of 2010 saw the solar energy market start to gather momentum. In January this year, China raised its solar target for […]
Many a young lawyer is taught early on that making assumptions is dangerous. The Buckingham Gateway litigation is a rare, but valuable, example of a party getting away with what could otherwise have been a very costly mistake in reliance upon incorrect assumptions. Crowborough Properties, a company owned by Mr and Mrs Kaushal, had borrowed […]
Section 215 of the Town and Country Planning Act enables local planning authorities (LPAs) to take steps requiring land or buildings to be cleaned up if their condition is deemed to adversely affect the amenity of the area in which they are situated. The mechanics of how the work is achieved vary from case to […]
Earlier this year, Real Estate Matters discussed the law surrounding the unintended release of a guarantor from liability in situations where the contract he is guaranteeing is varied without his consent. Since then, the High Court has handed down a reminder that this principle is as relevant as ever. Since the 19th-century case of Holme v […]
A residential landlord usually requires a deposit to be paid by the tenant at the grant of an assured shorthold tenancy as security for the payment of rent and for the tenant looking after the property. If the tenant’s occupation of the property is then extended, either by entering into a new agreement or by […]
For years, sub-sale relief has allowed many to minimise double charges to Stamp Duty Land Tax (SDLT), and for others it has offered a convenient way to make substantial SDLT savings on transactions that in all other guises would be tantamount to a tax avoidance scheme. With this latter group in mind, changes have been […]
In an age where speed is key, the use of electronic signatures is gaining in popularity as it represents a fast and practical alternative to manuscript signatures and circulating documents for signature in the post. Whether or not such electronic signatures satisfy the statutory requirements for the valid execution of a property document is a […]