Restraint of trade – out with the old, in with the new
Written by Salina Lim. In the recent case, Peninsula Securities Ltd v Dunnes Stores (Bangor) Ltd [2020] UKSC 36, the Supreme Court has shed light on the law and questions posed in respect of contractual restraints which restrain the use of the land. On 19 August 2020, in the case of Peninsula […]
Can you discharge or modify the Restrictive covenant, easement / right that is affecting your land?
Written by Jessie Cheow. Creebray Ltd v Deninson and another [2020] UKUT 262 (LC) – Unsuccessful application to modify or discharge covenant. Background The applicant company, the registered proprietor of a vacant plot of land (Oldways) applied to discharge or modify a restrictive covenant pursuant to section 84 of the Law […]
Compliance is Key! Naturalisation, EEA Nationals and the ‘Good Character’ Requirements
When applying for naturalisation or attempting to register as a British citizen, adults and children aged ten or over must meet what is known as ‘the good character’ requirement. This is said to vet undesirables from integrating into the UK permanently by checking that the applicant has not taken part in illegal activity or ignored […]
Court Finds No Evidence of Discrimination as Women’s State Pension Age Rises!
Women across the nation are likely to be united in their disappointment in the Court of Appeal’s decision to disregard campaigner’s accusations of discrimination after their state pension age was risen to be the same as a man’s. The case in question which we will be focussing on in this article is *R (on […]
EU Settlement Scheme – Do not fall through the cracks!
The EU settlement scheme is designed to offer EU, non-EU EEA and Swiss citizens and their eligible family members living in the UK before the end of the transition period (during which free movement continues) the opportunity to protect their residence in the UK after the transition period has ended. The deadline to apply is […]
High Court: GAGAs can be enforced!
To enter into a commercial lease, one of the requirements of a landlord giving their consent to assign the lease will normally be that the original tenant agrees to enter into an “authorised guarantee agreement”, or (AGA) with the landlord to guarantee the incoming tenant’s liabilities for the lease. When the incoming tenant fails […]
Rishi Sunak – What is the economic plan for the UK going forwards?
Currently, you could be forgiven for not being completely up to date with government policies, laws and legislations, as the Coronavirus has meant constant alterations and updates from the government. Today’s announcement from Chancellor Rishi Sunak is certainly one to pay attention to, however, as it dictates the UK’s plan for dealing with the […]
Court of Appeal: ‘undue harshness’ is indeed capable of occurring quite commonly!
Written by Caryn Toh. Court of Appeal: ‘undue harshness’ is indeed capable of occurring quite commonly! On 04th September 2020, the Court of Appeal tackled the application of the definition of “unduly harsh” in the case HA (Iraq) and RA (Iraq) v SSHD [2020] EWCA Civ 1176. Deportation The UK […]
Wait…have I been offered a Part 36 Offer?
Written by Evveline Loh. Before we delve into the recent case of Essex County Council v UBB Waste (Essex) Ltd (No. 3) [2020] EWHC 2387 (TCC)…. What is a Part 36 offer? Parties to a court proceeding will usually try their best to mitigate adverse costs consequences by making a well-thought […]
Eviction Ban Now Over, Igniting Fresh Worry For Renters – But What Options Are Available?
The ban on evictions, which gave renting tenants some much needed breathing room during the lockdown period, has now been lifted meaning proceedings will be going to court for the first time since March. In England, Wales and Scotland, landlords must give six months’ notice of eviction, which has increased from two months before […]