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ACV – consequences

The assets of community value regime was introduced by Localism Act 2011. But, what are the consequences of registration as an ACV? In essence, there are ...

Articles – wrongly filed

What happens if the wrong version of a company’s articles is filed at Companies ...

Financial remedies – appeals

A succession of appeals by W has failed following a consent order, by which periodical maintenance payments were to be paid to W for a fixed term. The consent order stated their intention that W ...

Professional indemnity – ‘aggregation’

The Supreme Court has handed down an important decision on ‘aggregation’ claims in the SRA minimum terms and conditions. In essence, the Supreme Court has emphasised that each case is fact-specific, but for claims to ...

Procedure – COP rules

Amendments to the Court of Protection Rules 2007 are now in force. Rules 5 and 6 of the Court of Protection (Amendment) Rules 2017 allow for the CoP to make civil restraint orders. Rule 5 ...

Planning – reasons

Until 2013 there was a statutory duty to give summary reasons for all planning decisions. However, that requirement was removed for planning approvals in June 2013, and the only current statutory obligation is to give ...

Confidential information – £2 damages!

Two employees of a large asset management firm systematically copied confidential files before they left. Subsequently, the employers sued for £15m but only recovered £2 (ie nominal damages)! The reason? The employees had made no ...

Sentencing – speeding

Greater sentencing powers for magistrates are now in force in respect of fines for serious speeding offences. Notably, there is a new higher penalty for excessive speeding above legal speed ...

Debt claims – protocol

A new pre-action protocol, specifically for debt claims, will come into force on 1 October 2017. At the moment, there is no specific protocol for debt claims, although parties are expected to comply with the ...

Sub-T – request for new tenancy

The High Court has clarified the rules on service of notices (under LTA 1954) by sub-Ts requesting a new ...

Discount rate – accommodation

February 2017’s lowering of the discount rate from 2.5% to -0.75% caught everyone unawares; a drop of over 3% in a single step is staggering. Such a situation is neither good for defendants nor claimants, ...

Costs – First-Tier Tribunal

What is the position on the award of costs in the FTT? Previously, there was a strict £500 ceiling, with costs only being awarded if conduct was frivolous, vexatious or an abuse of process. The ...


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