Articles and Updates

BRUCE JillWhen making an order in relation to a husband and wife's finances on divorce, the courts will look to achieve a clean break where possible. However, where for example the wealth of the family comes from one person's income, this is not achievable and will result in orders for lump sums, payments in instalments, maintenance orders and pension sharing orders.

Rachel Warren NEW25201007 1Good faith in commercial contracts has traditionally not been accepted, however recent decisions have seen the courts willing to accept express good faith provisions and in some instances, allowing good faith to be implied into contractual arrangements. Rachel Warren explores the issue and what the practical impacts are. 

Katherine Willmott. resizeKatherine Willmott, associate and private wealth specialist, looks at how a recent case has provided some guidance as to when furnished holiday lets will apply for Business Property Relief ("BPR") from inheritance tax (IHT).

mrj1rhw1On 5 September 2018 the Court of Appeal overturned a 2017 High Court decision regarding the scope of legal professional privilege (LPP) in the case of Director of the Serious Fraud Office v Eurasian Natural Resources Corporation [2018] EWCA Civ.2006. This provided a welcome and commercially pragmatic clarification for companies and large organisations facing potential misconduct investigations.

LAU KevinIn what is expected to be the most significant decision to date on worker status, the Supreme Court (SC) in Pimlico Plumbers Ltd and Anor v Smith has upheld a lower Tribunal's decision that Mr Smith, a plumber working for Pimlico Plumbers (PP), was a 'worker' in accordance with both the Employment Rights Act 1996 (ERA) and the Working Time Regulations 1998 (WTR), and also 'in employment' for the purposes of the Equality Act 2010. Kevin Lau looks into what this means for the future of guidance on the issue of worker status.

FACEY EmmaROGERS AlexIf you hear the words "trust" and "trustees" your first thought might be of charity management, perhaps the estate of someone that has died or the investment of funds in an offshore jurisdiction. However trusts, and therefore trustees' responsibilities, can arise in many situations.

Tags: Dispute ResolutionAgriculture2018

WALFORD Suzanne6796750 1The government published its Road to Zero transport strategy in July which outlines a number of ambitious objectives including an intention for Electric Vehicle (EV) charge points to be installed in all new homes "where appropriate". Suzanne Walford looks looks at how the planning regime is adapting.

Tags: Residential PropertyProperty, Infrastructure and Construction2018

lw3It has been just over 10 years since the UK Treasury and the Financial Services Authority bought the home purchase plan scheme of Shariah compliance mortgages in the UK within their regulatory remit. The growth of Islamic real estate finance in the UK in the past 10 years has been tremendous. There are now around 20 financial institutions that offer Islamic finance services with five fully Shariah compliant banks. The UK has grown to become the western hub for Islamic finance globally. Lingxi Wang provides further insight.

Tags: Islamic FinanceBanking and Financial Services2018

Welcome to our Summer Intellectual Property Bulletin. In this issue, we look at a variety of interesting developments, from the steps that the UK government has taken to minimise the impact of Brexit on registered designs, an update on trade secrets, and the recent high profile CJEU decision about whether Christian Louboutin's red soles on high heel shoes can be a registered trade mark.

Tags: Intellectual Property2018

Rachel Warren NEW25201007 1Christian Louboutin designs and produces the famous luxurious red soled high heel shoes. It prides itself on its unique design and branding. Louboutin registered their red sole trade mark in 2010. The mark consists of a specific shade of red applied to the sole of a shoe. The trade mark was illustrated in a picture of the shoe, with the red sole, but it was stated in the description that the contour of the shoe (i.e. the shape) did not form part of the trade mark. Rachel Warren looks into the proceedings and ruling.

Tags: Intellectual Property2018