2021

The PSC Register: A Recap

UK Companies and LLPs must record details of their beneficial ownership and file the details with Companies House. The information must be kept up to date.

Landmark Supreme Court Judgment leaves Google “Feeling Lucky”

Google’s homepage still encourages internet users to search for information by clicking the “I’m Feeling Lucky” button. That phrase surely sums up the mood in the camp at Google after the Supreme Court refused to grant Mr Lloyd permission to serve a £3 billion representative claim on Google in Delaware. Google, along with other large data controllers, will be breathing a huge sigh of relief.

Weathering the storm: The future for hotels

The Covid-19 pandemic created a perfect storm for the hotels sector and, despite ever improving signs of recovery, the resulting devastation will take time and innovation to repair. Unprecedented economic life-support provided by the UK government over the last two years has kept the gathering clouds at bay, but there could well be casualties in 2022 and beyond. This was the conclusion of a roundtable discussion hosted by Forsters on 10 November 2021.

The Entrepreneur's Exit - Avoiding the Legal Pitfalls

The post-COVID bounce back in M&A deals has led a lot of entrepreneurs to consider selling their businesses. Business owners are aware that today’s extremely healthy M&A market will not continue indefinitely and that the window of opportunity will soon begin to close.

Think twice before your pre-Christmas clear-out

I recently read an article written by a solicitor-turned-barrister which set me thinking about transactions which turn bad. As a transactional lawyer, I am well aware that on occasions, relations between parties sour and disputes arise, so how can parties reduce the risk of time-consuming and costly litigation at the outset?

London Calling? – Government Proposes Corporate Re-Domiciliation to the UK

The UK government announced in its Autumn Budget that it is considering putting in place a new regime to allow overseas-incorporated companies to re-domicile to the UK and has published a consultation to this effect (the “Consultation”). If the plans go ahead, foreign companies will be able to change their place of incorporation to the UK while retaining their legal identity.

Tax Considerations - Moving to the UK

Individuals and families intending to relocate to the UK should ensure they undertake pre-arrival tax planning in advance of a move, so that their affairs are arranged as efficiently as possible for UK tax purposes.

Crypto-Asset Nudge Letters: a cause for concern?

In November 2021 HMRC will begin sending ‘nudge letters’ to UK domiciled individuals they have identified as holding crypto-assets to encourage them to ensure they have paid the correct amount of income tax and capital gains tax (CGT) on any income they have received from their crypto-asset holdings.

A Great British Welcome to Asset Holding Companies? – an update on the new tax regime

The government is keen to encourage funds to be set up in the UK, rather than, for example, Luxembourg. With this aim in mind, HM Treasury has been consulting with the British Property Federation (the BPF) and other relevant organisations to devise a regime that will be attractive to private equity funds, real estate funds and debt funds, so encouraging them to either set up in the UK or move existing funds to the UK.

Non-Compete: What is Reasonable?

Much like London buses, the Supreme Court must be thinking that restraint of trade cases are coming along all at once. In what was their third restraint of trade case in three years, the Supreme Court has recently handed down its decision in Harcus Sinclair LLP v Your Lawyers Ltd finding that a restraint of trade clause contained in a non-disclosure agreement between two law firms was not unreasonable in the circumstances and was, therefore, valid.

The Recovery Loan Scheme: Autumn Budget Update

October’s Autumn Budget announced some key changes to the terms of the Recovery Loan Scheme.

Know where the bodies are buried… what if the house I’m buying has graves in the garden?

As strange as it sounds, it isn’t unusual for country houses and estates to come with a few skeletons in the cupboard – or the garden at least. Many have graveyards or graves in the grounds, usually for previous inhabitants.

Key considerations for property Joint Ventures

Entering into a joint venture with another party in respect of the development of a property continues to be a popular way of sharing risk, pooling knowledge and expertise, and potentially making a project more attractive to third party funders.

Get your tips in order – new rules surrounding tips and gratuity payments for the hospitality sector

In a world where cash payments are a growing rarity, practices around leaving a tip in recognition of good service in the hospitality sector are also changing.

Managing the hotel sector - getting the operator in

One of the key elements for the owner of any new hotel is getting the right operator in place. More than just a covenant strength concern, the right operator is essential for ensuring the parties get the most out of the hotel from a financial perspective.

Return of the SPAC? – Listing Rules Changes for UK SPACs

In an effort to encourage a greater number of special purpose acquisition companies (SPACs) to list in the UK, the Financial Conduct Authority (FCA) has made a number of changes to the Listing Rules. Such changes came into effect on 10 August 2021.

Digital Assets Update: Apple’s Digital Legacy Program

Since we published our comments on access to digital assets after death in the FT Adviser earlier this year, the thorny issue has moved no further up the government’s list of priorities. However, it is encouraging to see a growing awareness of the problem among tech giants.

The implications of a "Golden Share" in football

When Tracey Crouch MP published her report on the “fan led” review of football, I was taken by the reference to the intention to “develop proposals…to offer greater protection…through a ‘golden share’ for fans, giving veto powers over reserved items, to be held by a democratic legally constituted fan group”. When this was followed up by both Oliver Dowden MP visiting my football club (Brentford FC) and his successor Nadine Dorries MP referencing Brentford’s ‘golden share’, I thought – as the lawyer who advised the Brentford Supporters’ Trust on the implementation of its ‘golden share’ (or BU Special Share as that particular one is known) – that it would be worthwhile reflecting on the key points to consider in relation to such a share.

Real Estate and The National Security and Investment Act 2021

At first blush, one could be forgiven for assuming that the National Security and Investment Act 2021 (the “Act”) would only apply to obviously “dodgy dealings” and “suspect individuals”. However, for anyone who has read our summary of the National Security and Investment Bill or our update following its receiving Royal Assent , it will be clear that the new regime will be far more wide-ranging, potentially catching a plethora of transactions and the parties involved. One sector which could be particularly affected in more ways than one is real estate.

What can you do when your Local Search result turnaround time is six months?

What is a local search? As part of the conveyancing process, solicitors submit ‘searches’ to various public authorities to identify potential issues with the property. Perhaps the most important of these searches is the local authority search.

Senior Executives: thinking of relocating to the UK?

Forsters’ SenEx Advisory Group regularly advises internationally mobile company executives and professionals when a move to or from the UK is being considered. The move triggers many questions, some of which are based on common misconceptions about the UK’s tax, immigration and employment regimes.

W&I Insurance Starter Pack

Once seen as a trend, W&I deals have become increasingly popular over the last decade or so – more recently as a way of dealing with liability on acquisitions in a pandemic scenario. If you’ve never been involved in one of these deals before or have only limited experience of them, read on to find out the basics.

Clarification on ‘vacant possession’ break conditions

The Court of Appeal has clarified that removing landlord’s fixtures will not prevent a tenant meeting a break condition of providing “vacant possession”.

What exactly are you buying? – learnings from Dargamo Holdings Ltd v Avonwick Holdings Ltd

A recent Court of Appeal case (Dargamo Holdings Ltd and another v Avonwick Holdings Ltd and others [2021] EWCA Civ 1149) which examined the laws of restitution and unjust enrichment has reinforced the need for contracts to include a clear description of what is being acquired and the apportionment of the purchase price.

Location, Location, Location – Why location matters in nuisance claims

A landowner has failed in a claim against the Ministry of Defence (“MOD”) that the use of an RAF base was a nuisance or breach of Article 1/8 of the First Protocol to the European Convention on Human Rights.

Should I establish a non-UK resident company to acquire UK property?

It used to be clear that non-UK residents planning to invest in UK property would generally choose to do this through a non-UK tax resident company rather than a UK tax resident company. However, this is no longer necessarily the case. This article seeks to explain the current position.

Share or Asset Deal: What’s the difference?

Whether you’re buying a property directly or buying the shares in a company which owns a property, there is a process of disclosure and due diligence which must be undertaken. However, there are key differences in how these are dealt with, depending on which transaction type is chosen. This article will focus on the key transactional differences rather than the tax implications which, whilst obviously crucial, are a topic in themselves.

The unintended consequences of family disputes and family trusts

Family wealth planning is frequently undertaken against a background of positive planning, often when the second generation is younger, and the family small and without complications. Over time this can change and lead to unintended adverse consequences for Trust structures if the family enters into a major dispute. Families and practitioners can learn from some of these issues, as Highvern's Richard Joynt and Forsters' Alex Tamosius outline.

Restrictions on winding up petitions and statutory demands

Regulations taking effect on 1 October 2021 (and set to last until 31 March 2022) will replace the current restrictions creditors face in winding up debtor companies.

Claim notifications: How less could constitute “reasonable detail” in share purchase agreements

Last year, we wrote about the High Court’s decision in the case of Dodika Limited & Others v. United Luck Group Holdings Limited. The Court of Appeal has since reversed the High Court’s ruling, creating (arguably) a more commercial approach, but one which may lead to more extensive negotiation and complex drafting of limitation clauses.

The Pension Schemes Act 2021: Directors, Lenders, Everyone, Take Heed!

Prompted by the high-profile collapses of the likes of BHS and Carillion, which left their employees facing severely diminished retirement funds due to pension scheme deficits of £275 million and £580 million respectively, the Government has proposed radical changes through the Pension Schemes Act 2021 (the “PSA”).

Disability Awareness Day – Employment Law Update

In recognition of Disability Awareness Day on 12th September, we thought it a pertinent time to shine a spotlight on the current disability-related employment law hot topics.

Strategic Land and Development - Laying the legal foundations for commercial success

The delivery of new homes across England and Wales is clear to see, and the demand for new deliverable sites remains highly competitive. In this article we explore the commercial drivers behind development and the importance of accommodating evolving policy, market forces and public funding and delivery requirements. We also consider the preliminary stages of a development project and the overarching considerations for a successful Development Agreement.

The Building Safety Bill

The Building Safety Bill (the Bill) was introduced to the Commons on 5 July 2021, some four years after the Grenfell Tower disaster.

Can I file my video or audio evidence in children proceedings in the family court?

In disputes between parents about children (e.g. where their children should live or how much time they should spend with each parent), clients frequently come to us with evidence they have gathered. In an age where our smartphones are never far from reach, this can take many forms: screenshots, videos (taken secretly or with the participants' knowledge), voice notes, voice recordings, social media posts, appearances on “FindmyPhone”, and so on and so forth.

Five key considerations for occupiers seeking sustainable office premises

Whilst the world of sustainability can seem overwhelming, these five key considerations should begin to show that small changes in outlook and focus can make an impact.

A Great British Welcome to Asset Holding Companies? – an overview of the new tax regime

The government is keen to encourage funds to be set up in the UK, rather than, for example, Luxembourg and by publishing details of a new tax regime for asset holding companies last month, is demonstrating that it is prepared to change the UK tax legislation to allow this to happen.

Government to impose new prevention of sexual harassment duty on employers

The UK government has confirmed its plans to implement a package of measures which will impose a new duty on employers to prevent sexual harassment in the workplace, proclaiming it to be a “symbolic first step” to combat a broader problem in workplace culture.

Five top tips for international buyers of UK Residential Property

Buying a property in the UK can be an overwhelming process, made more stressful if the purchaser is based overseas. In order to ensure the process runs as smoothly as possible it is crucial to understand the additional complexities of a cross-border purchase and the particular nuances of buying property in the UK.

Returning to work - key considerations for employers

Employers and employees alike will be well aware that on 19 July 2021 the government lifted its instruction that people should work from home. This article will address how employers can best interpret the current government guidance (in conjunction with their statutory duties) and the takeaway points from recent Employment Tribunal decisions concerning the return to work.

Much Ado About Service Charges

A recent case (Criterion Buildings Ltd v McKinsey and Co Inc [2021] EWHC 216 (Ch)) has clarified the proper approach to the calculation of service charges in relation to commercial premises. In particular, the apportionment of the service charge between the tenants and the demands for sinking fund contributions was considered.

The Chancery Lane Project - Lawyers taking direct action over climate change

Forsters are supporting The Chancery Lane Project – a pro bono collective effort by lawyers to develop new drafting for contracts and laws to help fight climate change.

Transport Decarbonisation Plan - Key Take-Aways for Logistics

The Government has published its most recent plan to decarbonise the transport system in the UK. "Decarbonising Transport: A Better, Greener Britain" (the TDP) is intended to be a "greenprint" for the UK's road to a net zero transport industry by 2050. The publication of the plan is particularly timely given that the UK will be hosting the UN Climate Change Conference (COP26) in Glasgow later this year.

A resilient outlook for the UK property market in some sectors

Property experts from across the industry agree that while many areas of the UK residential property market are slowing in light of rapidly increasing costs of finance and concerns around the economy in general, high-value London real estate and property located in sought after locations, continues to be a popular choice for international buyers, both as a place to call home and for investment purposes.

Tax and estate planning considerations

The acquisition of UK real estate by a non-UK domiciliary will always come with an increased exposure to UK inheritance tax (IHT). The value of UK property in a person’s estate will be subject to IHT at a flat rate of 40% on death if and to the extent that it exceeds the deceased’s available ‘nil rate band’ amount of up to £325,000. This may come as a shock to clients from the US, where the amount that can pass free of Federal estate tax is currently $12.92m!

Asset protection considerations

While the use of trusts to hold UK residential property can potentially offer some degree of asset protection when compared to outright personal ownership , this protection may not be as robust as clients would like.

Post-Pandemic Business Tenancy Renewal Terms

This is yet another recent County Court Judgment as to renewal of a business tenancy. It seems tenants are now keen to take renewals to Trial to not only seek lower rents but better terms generally.

Directors’ duties to avoid conflicts of interest continue in respect of acts carried out post-termination

The recent case of Burnell v Trans-Tag Limited held that a director’s statutory duty to avoid conflicts of interest applied in relation to the director’s acts even when he was no longer a director. Read further for a summary of the case.

The Fire Safety Act 2021 - overview and note for Build to Rent Landlords

Intended to address concerns raised in the wake of the Grenfell Tower tragedy, the Bill had a bumpy ride through Parliament. Attempts to introduce a clause prohibiting remediation costs being passed to leaseholders failed. Much of the Act remains controversial, with concerns over the burden of costs on leaseholders enduring

The UK cladding crisis - What it means for building owners, purchasers and investors

There has been substantial publicity as to the plight of leaseholders facing serious safety issues and hefty service charge bills and a call for Government action to meet all the rectification costs. But the issue is not limited to residential buildings. It can equally apply to commercial buildings with cladding and there have been particular issues with student accommodation and hotels.

Growth in Professional Negligence Claims - Claims Against Property Solicitors

In recent years there has been a substantial growth in professional negligence claims against solicitors i.e. claims for breach of contract, negligence, trust or fiduciary duty. Insurers have apparently paid out over £2 billion in the last 10 years or so with half of such claims being property related. Premiums have increased as a result.

The Recovery Loan Scheme: A Summary

The 31 March 2021 deadline for applications under the previous government-backed COVID-19 loan schemes has well and truly passed, however many businesses still need financial support as they try to recover from the economic effects of the pandemic. The Recovery Loan Scheme (the “Scheme”), announced in the Spring 2021 Budget, aims to do just that. A summary of the Scheme is set out in this article.

Been there, done that: In conversation with Director, Danny Malone

What better way to find out about the pros and cons, highs and lows of being a director than to ask someone who has done it all? So, we did. Danny kindly agreed to give us an insight into what being a director actually entails, the risks and challenges that directors face and what it takes to be an effective director.

Whole life carbon footprint of buildings

Whilst much of the focus on the decarbonisation of the built environment has been on owners and occupiers working together to reduce the operational carbon footprint of buildings, alongside this, we are increasingly hearing about the importance of addressing embodied carbon – the other key factor in establishing the total carbon footprint of a building.

If you have to ask… Requesting access to a company's register of members

The Companies Act 2006 (CA 2006) provides at section 113 that every company must maintain a register of its members containing certain details of their membership, including their names and addresses.

Becoming a Director: Knowing your duties and potential liabilities

Becoming a director is a significant step in your career. As a director, you will be responsible for managing the company on a day-to-day basis with the rest of the board and you will have decision-making responsibilities, whether on an individual basis, as part of a committee or at board-level. As such, you will hold a significant amount of power within the company structure.

Government announces that No Fault Divorce will become law on 6 April 2022

After what seems like a very long journey, and much campaigning over the years, it seems like the wait will be finally over on 6 April 2022.

Westminster removes affordable housing requirements for hotels

Westminster City Council published its City Plan on 21 April 2021, deleting the controversial requirement for hotel development to make provision for affordable housing. The proposed policy threatened to further hamper the creation of much needed visitor accommodation within central London.

The National Security and Investment Act 2021 – Insights from Australia

Forsters LLP and Arnold Bloch Leibler discuss how the Australian Foreign Acquisitions and Takeovers Act 1975 might help to put the UK’s new National Security and Investment Act 2021 into perspective.

Planning Bill announced in the Queen’s Speech

As expected, in her speech at the State Opening of Parliament, the Queen announced that the Government will introduce "laws to modernise the planning system, so that more homes can be built".

From Draftsmen to the Statute Books – The National Security and Investment Act 2021

The National Security and Investment Act 2021 (the “NSI Act”) received Royal Assent on 29 April 2021 but apart from a new piece of legislation appearing in the statute books, it doesn’t appear that much has changed, at least in the short-term. Our summary of the National Security and Investment Bill still stands, save for the amendments set out here.

Should I care about corporate governance? – a guide for SMEs, owner-managed businesses and family companies

On 22 April 2021, the European Confederation of Directors Associations published its updated Corporate Governance Guidance and Principles for Unlisted Companies in Europe (the “Guidance”), originally published in 2010. Here we summarise some of the key points set out in the Guidance and explain why corporate governance should not be ignored by SMEs, owner-managed businesses and family companies.

Good and bad news for retail landlords and tenants

Hammerson, one of the UK’s largest shopping centre owners, has stated it expects to cut rents for retail tenants by 30% as they are too high, there have been two Court Judgments which reflects the current state of the retail market. They both relate to Units within the Westfield Centre at Shepherds Bush, the largest retail and leisure destination in Europe.

Green Lease / Sustainability Playbook - Quick Guide

Landlord and tenant obligations as to sustainability can take a number of different forms. In this briefing we set out an overview of the documents you may come across and when they are most likely to be used.

Electric Vehicle Charging Points - Quick Guide

The roll-out of Electric Vehicle Charging Points (EVCPs) across the UK is only going to continue to gather speed, with the government’s announcement last year of a ban on the sale of new petrol and diesel cars, to take effect from 2030. In this briefing we set out an overview of the key issues and questions for property owners to consider in relation to EVCPs.

Off Payroll Working Rules (IR35) – nearly a month into the new regime

On 6 April 2021 new rules came into effect for individuals who use their own personal service company (PSC) to sell services to clients, and the client companies that engage them. HMRC are keen to tackle "disguised employment" situations where an individual is de facto employed by a client. This is in part due to the tax and NIC savings made by the individual and the client by treating their relationship as a "client-contractor" one rather than an "employer-employee" one.

When is a flat not a flat? When it’s too small to live in

When it comes to creating new residential property through permitted development rights, bigger really is better. In February 2021, the Planning Inspectorate rejected a proposal under permitted development rights to convert a chip shop in Leicester into three flats on the basis that the internal space would be too small to constitute dwellinghouses.

Freeports – the good, the bad or the ugly?

There has been much discussion over recent months about the advantages and disadvantages of freeports and the Chancellor’s Spring Budget which announced the creation of eight freeports in the UK has only increased such speculation. Tax reliefs, enhanced trade and infrastructure development vie with claims of money laundering and tax evasion. In this article, we consider the pros and cons of freeports and what the proposed tax reliefs actually comprise.

Acquisition and Disposal of Trust Companies

Forsters is uniquely placed to advise clients on the acquisition and disposal of trust companies both inside and outside the UK.

The art of estate planning

Gifts in lieu of tax are not just for the owners of the country’s great houses and can include a wide range of other collectibles. Guy Abrahams and Rebecca Meade explain how the arrangement works and the benefits it can offer.

Break Clauses

Since the onset of the COVID pandemic, many businesses have been considering their space requirements. In some cases, tenants will have leases that include break clauses which will let them terminate their leases before the contractual expiry date.

Audit reform and directors’ liability

UK directors could be held liable for ensuring the accuracy of company financial statements, with directors of large businesses facing fines and even bans from board positions if they fail to do so, under plans being considered by the Department for Business, Energy and Industrial Strategy (“BEIS”).

The Five Steps of Probate

Dealing with the death of a family member or close friend is always difficult for those involved; the last thing anyone wants to deal with when grieving is navigating complicated tax and legal procedures. It is no wonder that the probate process can appear a daunting prospect to the personal representatives or 'PRs' (the people entitled to deal with a deceased person's estate, who are also known as 'executors' when they are appointed in a Will). We provide a helpful guide to the probate process, which can be broken down into five key steps.

Making and updating a Will: a crucial estate planning tool

Making a Will is a vital part of any estate planning exercise. Sharing wealth with family and other loved ones in the most tax efficient way possible, is a priority for most people. Their aim is to provide for partners and ensure that children are supported financially to achieve their goals, whether those include buying a property, or starting a family or business.

Business Asset Disposal Relief - A Summary

Governments recognise that encouraging people to start businesses and employ others is important for the economy, and that any charge to tax on disposal should be mitigated to recognise the years of work involved in building a business, and the financial risk that people take in doing so.

The National Security and Investment Bill - The Basics

On 11 November 2020, the National Security and Investment Bill (the “Bill”) was put before Parliament. But, what transactions will be affected and how will the scrutiny work in practise? It's worthwhile being aware of the Bill’s main points.

Why is a family investment company a good way to pass on wealth?

In the past, if people wanted to pass wealth to their children (often prompted by the prospect of ultimately paying inheritance tax if they did not) they would use trusts, because then they could keep the assets under their control.

An introduction to philanthropy – from vision to reality

This briefing provides an introduction to family philanthropy, outlining the key issues that need to be considered in order to ensure a successful charitable project.

Seven Tips for Keeping Your Marriage Happy

As Partner and Head of Family at Forsters, and having worked with hundreds of divorcing couples in the past 20 years, Jo Edwards shares her insight into where many marriages go wrong and tips on how to keep yours happy. This article was originally published in Brides magazine.

How to protect the "bank of mum and dad" when your child is cohabitating

I have recently provided my daughter with funds to buy a flat in her own name and she wants her boyfriend to move in. Could he have a legal or financial claim on the property if they split?

Green revolution – the growing business opportunity for rural landowners

Historically, farming agricultural land has provided steady yields and inheritance tax relief, whilst supermarkets and developers bestowed occasional windfalls on those with fields in the right place. Beyond that, opportunities have been limited as robust land prices left many rural landowners asset rich but cash poor.

Is there space in the stack for a SPAC?

Special purpose acquisition companies (SPACs) have been around for a while and although they may have “historically been viewed as a bit shady” (Axios correspondent Felix Salmon), 2020 seemed to have been (at least for them) a good year, with SPACs (particularly in the US) being increasingly used as a means for established private companies to access capital markets and go public.

Forfeiture Moratorium on UK Commercial Leases and restrictions on CRAR extended to 30 June 2021

The government has announced that the measures which were put in place last year to assist commercial tenants during the Covid-19 pandemic will be extended, once again, to 30 June 2021.

The effect of the latest announcement is as follows:

Crypto-assets and the OECD

Bitcoin (BTC) has been back in the news again recently, as values surged and continue to fluctuate. Investors are increasingly considering alternative assets, including crypto-assets, amidst the on-going economic gloom.

SDLT changes and additional surcharges – Is it now or never?

The Stamp Duty Land Tax (SDLT) holiday will end on 31 March 2021. For those seeking to benefit from this, January could be argued to be the final month in which consumers can feasibly initiate a property purchase.

Changes to the Planning Use Classes

Following the recent introduction of significant new planning legislation, our Planning team have outlined a useful guide to the new use class system and a guide to new permitted development rights.

UK restriction of DAC6 Regulations following Brexit – good news for 2021

The start of 2021 has had its ups and downs. However, the New Year brought some welcome news for lawyers, accountants and other professionals in the UK working on cross-border transactions and other arrangements, and for their clients.

COVID-19 vaccines: employment law considerations

The COVID-19 vaccination programme is well underway and with reports suggesting that all adults will be offered a vaccine by the end of May, employers will likely be considering the implications of this for their staff. This article considers some of the key issues.

Welcome relief? Mitigating double taxation of beneficiaries of US trusts who are both US citizens and tax resident in the UK

US citizens who are UK resident beneficiaries of US trusts may be taxed twice on the trust’s income or capital gains because of the overlapping scope of UK and US taxation. However, there are options for mitigating this exposure so that a UK resident may benefit from a US trust without suffering cross-border double taxation.

Don't waive goodbye to the rent

The recent decision of the Court of Appeal in Faiz and Others -v- Burnley Borough Council (22 January 2021) has brought welcome clarification for landlords as to when they can and cannot demand or collect rent arrears from a tenant in default whose tenancy they wish to terminate by forfeiture. Demanding or collecting rent at the wrong time can waive the right to forfeit.

The new government plan to end unsafe cladding: too little, too late?

Well, not enough and not fast enough. Whilst the additional £3.5 billion in funding represents a much need injection of cash, it misses the mark in many respects.

One Door Closes and Another Opens: Brexit and the UK’s Tier 1 (Investor) Visa

The beginning of 2021 marks a new chapter for executives, employees and entrepreneurs from the European Economic Area (EEA) and Switzerland (referred to as the “EU” for the purposes of this article) travelling to the UK to either live, work or conduct business.

VAT – cross border supplies post-Brexit

It is often easy to assume that one only has to pay UK VAT if one lives in the UK but UK VAT is often paid by individuals, trustees and companies who are resident outside the UK but use the services of professionals who are based in the UK. The extent to which VAT is or is not chargeable has changed as a result of Brexit and the end of the transition period on 31 December 2020. Here, we consider the new post-Brexit VAT position.

What is search indemnity insurance and why is it needed?

As part of the conveyancing process, solicitors submit ‘searches’ to various public authorities. These searches include (amongst others) a local authority search, an environmental search and a drainage and water search. These searches are used to help solicitors identify potential issues with the property and give an opportunity for the buyer to withdraw or negotiate the price if an adverse result is found.

What does Brexit mean for UK employment rights?

Employment Senior Associate, Joe Beeston, looks at the impact (if any) Brexit may have on UK employment rights.

The role of directors in ensuring overseas companies are and remain non-UK resident for tax purposes: HMRC v Development Securities PLC and Others

In the recent case of HMRC v Development Securities PLC and Others, the Court of Appeal held that a Jersey incorporated company with a majority of Jersey-based directors was UK resident. Although the facts of the case were unusual, some useful pointers as to what went wrong for the company and how it could have done better can be gleaned from the judgment.

Defective Cladding - Commercial purchasers/building owners need to beware

Since the tragic Grenfell Tower fire, it has become clear that many recently constructed or refurbished residential buildings, particularly taller buildings, are unsafe and require urgent and substantial remedial action. But the issue is not limited to residential buildings. It can equally apply to commercial buildings with cladding and there have been particular issues with student accommodation and hotels.

Non-resident SDLT (NRSDLT) – summarised in five Ws and an H

Non-resident SDLT will apply a 2% SDLT surcharge on English residential property purchased on or after 1 April 2021 by a non-UK resident. In this article, we explain what this new surcharge is, when this change will apply, who will be affected and how.

Leasehold Enfranchisement: Government Statement – 7 January 2021 and Parliamentary Statement – 11 January 2021

On 7 January 2021, MHCLG issued an Announcement setting out initial government thinking on the Law Commission's Reports on enfranchisement valuation. This was followed by a Statement in Parliament from Robert Jenrick MP, Secretary of State, on 11 January 2021 which has clarified some of the uncertainties from the initial Announcement.

Supreme Court Finds in favour of Covid-19 Business Interruption Policyholders

Today the Supreme Court found substantially in favour of the Financial Conduct Authority ("FCA"), and in turn, policyholders (including tenants and possibly landlords) in the business interruption insurance test case relating to losses suffered due to the pandemic.

Six ways to keep your employees engaged and motivated during lockdown

With England now having entered a third indefinite lockdown, employers should think about the steps they can take to ensure their employees remain engaged, motivated and healthy whilst working from home. We have set out some thoughts on how employers can look to achieve this below.

Defective Cladding / Fire Protection - Residential flatowners need to act fast

Since the tragic Grenfell Tower fire on 14 June 2017, it has become clear that many residential buildings are unsafe and require urgent and substantial remedial action. Grenfell Tower had Aluminium Composite Material ("ACM") cladding but many other cladding systems, as well as insulation and other materials making up the external walls, have now been found to also be combustible and unsafe. Moreover, many buildings have been built without adequate cavity barriers to stop the spread of fire.

What is Capital Gains Tax (CGT)?

CGT is a tax on the gain in value made when an individual disposes of a capital asset such as a residential property. Tax Partner, Elizabeth Small and Associate, Oliver Claridge discuss.

Flexible working from home and the second home abroad

The long-cherished dream of many people, i.e. cashing in the South London three-bed semi and buying the gorgeous villa with sea views (and good broadband) before retirement, is now a tangible possibility – or is it?

Case Update: Directors' liability for unlawful distributions

As more and more insolvencies occur due to Covid-19 and market conditions, Directors are going to be under even more detailed scrutiny as to their actions, particularly where any distribution has been made in recent times.