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Will sellers lose more than their liberty as a result of Covid-19?

02 April 2020

Coronavirus has already wreaked havoc on the UK’s economy in the space of just a few weeks. The FTSE 100 has plunged by more than 26% since February and businesses in a range of sectors are likely to see a significant downturn this year.

Sexual misconduct in the legal sector: a seasonal reminder that prevention is better than cure

07 December 2022

This time last year Omicron cases were on the rise, leading to the cancellation of countless Christmas celebrations. Many law firms are now due to host ‘in person’ Christmas parties for the first time in almost three years. Although the spirits of party-starved lawyers are bound to be high, inhibitions may not be. Ahead of these festivities, it’s therefore important for firms to be clear about appropriate workplace behaviour and the potential consequences of sexual misconduct.

Employment law in Thailand – an overview

01 December 2020

Despite several years of relative political uncertainty, the business climate in Thailand continues to be positive and welcoming to foreign investment. The country’s participation in the recently established Association of Southeast Nations (ASEAN) Economic Community can only be expected to continue this trend. This in-brief provides a snapshot of the key aspects of employment law in Thailand.

Are employees in Hong Kong required to take Covid-19 tests? Key employer considerations

02 September 2020

In order to detect and cut any invisible transmission chains of COVID-19 in the community, the Hong Kong Government launched the Universal Community Testing Programme (the “UCTP”) on 1 September 2020, providing one-off free testing services to all Hong Kong residents.

Litigation privilege and the ‘dominant purpose’ test: ENRC decision applied

07 January 2019

Did last year’s landmark Court of Appeal decision in Serious Fraud Office (“SFO”) v Eurasian Natural Resources Corporation Limited (“ENRC”) alter the application of the ‘dominant purpose’ test for litigation privilege where a document is brought into existence for multiple purposes, one of which is for use in litigation? The answer is ‘no’, according to a recent decision by the High Court. The Court confirmed the well-established principle that, for a claim to litigation privilege to succeed where a document is created for more than one purpose, litigation must be shown to be the dominant purpose on the facts.

Supreme Court introduces new test for assessing a landlord’s intention to redevelop

13 March 2019

The Supreme Court recently handed down its judgment in the case of S Frances Ltd v The Cavendish Hotel (London) Limited. The decision marks a dramatic departure from the previously settled position regarding the proper test to be applied when establishing whether a landlord has the necessary intention to redevelop under ground (f) of the Landlord and Tenant Act 1954. Introducing a new element to the test, a landlord must now be able to demonstrate, in addition to it having a settled intention to carry out the works, that it would do those same works even if the tenant left voluntarily.

Roof terraces: The Importance of Being Legal

22 November 2022

Q: I recently bought a London apartment that has an unused roof space. Do I need planning permission to use it as a terrace?

M&A employment law support – post completion integration, changes to terms and redundancies

05 September 2023

This Inbrief examines some of the legal challenges a buyer may face once the deal is done and integration is the number one focus – whether across its simple day to day operations, or in relation to more drastic steps such as restructuring and dismissals.

In-House Employment Lawyers Coffee Break: Episode 10 – Next’s equal pay case and the latest news on predictable terms and the right to disconnect

24 September 2024

Listen here for the latest developments and essential practical takeaways (short enough to fit into a 10-minute coffee break!). Lawyers from our IHELC team will discuss key developments in employment law with our usual pragmatism and insight, a touch of humour and a sharp focus on the in-house lawyer’s perspective.

Making a termination payment after 5 April 2018? Read this!

07 February 2018

Income tax and national insurance contributions (“NICs”) must be paid on all payments in lieu of notice (“PILONs”) with effect from 6 April 2018.

Employer NIC charge on termination payments from April 2020

20 March 2020

The new employer’s national insurance charge on termination payments over £30,000 comes into effect from 6 April 2020.

Employer National Insurance Contributions charge on termination payments from April 2020

23 March 2020

The new employer’s national insurance charge on termination payments over £30,000 comes into effect from 6 April 2020.

Can a contract be terminated if the effects of COVID-19 have prevented performance?

08 April 2021

The COVID-19 pandemic has had a significant impact on businesses worldwide. Lockdown, restrictions, disruption to supply chains, increased pressure on cashflow and reduced capacity have all affected the ability of businesses to fulfil contractual obligations. Despite best efforts to co-operate, preserve contracts and maintain business relationships, as we emerge from lockdown and gradually return to some sort of normality, many will find themselves in a position where their counterparty remains unable to perform its obligations and will be in breach of contract.

Limits introduced on suppliers’ right to terminate for insolvency

29 June 2020

Clauses which allow termination when your counterparty enters into insolvency are commonplace, and are often inserted into commercial agreements routinely, without too much thought. It may come as a surprise, therefore, that these will now largely be unenforceable by suppliers of goods and services against their customers.

Short-term lettings

08 November 2016

If you are looking for new short-term premises for your business, did you know that there are actually a whole range of legal forms a short-term letting can take? This Inbrief sets out the different options available for short-term occupation of business premises and considers the advantages and disadvantages associated with each.

Labour market data, the economically inactive, long-term ill-health and Long Covid.

05 June 2023

Around 20% of the working age population are currently economically inactive, and this is a particular problem during a time of labour shortages. What can recent labour market data tell us about the reasons why many potential workers remain out of the job market?

Tenants still can’t assign to their guarantors

07 July 2017

There are often very good reasons why a lease would be assigned to a guarantor (e.g. corporate restructuring or the tenant’s insolvency). However, a case in 2016 - EMI Group Ltd v O & H Q1 Ltd - decided that such an assignment would be void at law, even if all parties agreed to it.

Secure future: Good news for tenants in relation to their retail premises

29 April 2019

Whilst recent years has seen a trend for retailers to shift from a store-based past to a digital future, for many retailers having a high street presence remains an important part of their brand. Indeed for some retailers, (particularly high end fashion labels) it is critical for their flagship store to be seen to be in a prime location to contribute to the luxury image associated with their brand and they will often pay substantial premiums to ensure they secure a lease of a prime site. Further significant sums will subsequently be spent on the shop fit-out.

RE: Occupy - Real Estate FAQs for Tenants during Covid-19

16 June 2021

The impact of Covid-19 is constantly changing for the real estate sector: from construction sites and developments being shut down; to new approaches for planning inquiries and a mutable landscape for lease negotiations. Nothing is set in stone. Therefore, we have pulled together a selection of the questions we are being asked by clients and will be updating this regularly.

Commercial rent — COVID-19 - tenants’ defences fail at first hurdle

09 July 2021

Commercial tenants and landlords alike have been eagerly awaiting the outcome of two landmark cases (Commerz Real Investmentgesellschaft mbH v TFS Stores Limited and Bank of New York Mellon (International) Ltd & Others v Cine-UK Ltd & Others) where a number of tenants challenged their liability to pay the rent and other sums under their respective leases based on arguments related to the effects of Covid-19.