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Articles

Forfeiture beyond the Covid-19 moratorium

Looking beyond the current moratorium, what place will forfeiture have in the post Covid-19 commercial real estate market?

Rob Nicholson of Ashfords LLP and Andrew Walker QC of Maitland Chambers look to the future, considering the fine balance between the interests of landlords and tenants, and how the Government or the courts might mitigate the effects of the pandemic.

Implied terms that consent is “not to be unreasonably withheld”. Time to reassess?

Where does the law now stand on implying a term that consent “is not to be unreasonably withheld”, if a covenant in a lease or a restrictive covenant does not say this expressly?

Drawing on commercial cases, this article by Andrew Walker QC seeks to inform, challenge, and perhaps provoke further thought.

 

On demand bonds

On demand bond and the ambit of the Marubeni presumption.

In the December 2019 edition of the Butterworths’ Journal of International Banking and Finance Law, (2019) 11 JIBFL 715, Adam Smith examines the ambit of the Marubeni presumption in the light of the decision in Rubicon Vantage International Pte Ltd v. Krisenergy Ltd [2019] EWHC 2012 (Comm), and in particular the application of the Marubeni presumption in determining the extent of an admitted on-demand liability

Source: Butterworths’ Journal of International Banking and Finance Law, (2019) 11 JIBFL 715

Charity Land: Do Charity Trustees have power to sell designated land?

Questions often arise regarding proposed transactions involving charity land: Is there power to sell? What factors do trustees have to bear in mind? What is specie land and designated land? This article tries to answer some of these questions.

Source: Practical Law

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Author(s)
Matthew Smith

Practice areas
Charities

A perilous enterprise

Paul Clarke explores the challenges of establishing that trust obligations have arisen after the failure of a joint venture

In the recent Court of Appeal decision earlier in 2018 in Generator Developments Ltd v Lidl UK GmbH, Lidl had purchased in its sole name a site at Wates Way Industrial Estate, Brentwood, Essex on which it intended to build a supermarket, and Generator, a property development company, claimed that the purchase was a joint venture and that Lidl held the site on trust for both parties.

Source: This article was first published in Trusts and Estates Law & Tax Journal (October 2018) and is also available at lawjournals.co.uk

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Author(s)
Paul Clarke

Practice areas
Real Estate

Can a charity's assets be protected from creditors?

Donors often ask if their prized work of art or historical artefact can be given to charity but protected from creditors. This article considers some of the options available.

Source: Practical Law

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Author(s)
Matthew Smith

Practice areas
Charities

The Good Name of Charity – charities and their reputations

The management of charities’ reputations is much in the news. This article explores trustees’ legal duties in this respect and the limitations of the present law.

Source: Practical Law

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Author(s)
Matthew Smith

Practice areas
Charities

Conflicts of loyalty: can a charity trustee ever serve two masters?

The Charity Commission is increasingly taking regulatory action in response to conflicts of interest and conflicts of loyalty. This article explores conflicts of loyalty and the extent to which it is (and is not) possible to authorise a trustee who owes duty to two different organisations to continue to act.

Source: Practical Law

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Author(s)
Matthew Smith

Practice areas
Charities

Non Executive Directors

How do the duties of non-executive directors differ from those of executive directors? And more importantly for practitioners, what differences are there - if any - in the liabilities they are exposed to?

Michael Gibbon QC has produced a video master-class for the Practical Law website, a short clip is available to view on YouTube.

Source: Thomson Reuters Legal UK & Ireland

Charitable companies: how far do fiduciary duties of members extend?

In 2014 the High Court decided the biggest divorce case in English history: Sir Chris Hohn, hedge fund manager, was ordered to pay his wife, Jamie, $530 million.

But the real money didn’t lie in their household fortune. It lay in the charity they had created together.

Matthew Smith reviews this important charity law case.

Source: Practical Law

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Author(s)
Matthew Smith

Practice areas
Charities

Property Law for Housing Lawyers - Sale and Rent Back Schemes

This seminar looks at "What is a sale and rent back scheme?". 

A tale of two cities

Perdoni v Curati reinforces to practitioners the importance of establishing domicile, advises Nigel Thomas.

Source: Private Client Advisor

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Author(s)

Practice areas
Private Client

Accommodating Rights of Way

Source: Property Litigation Assocation Website

Influencing factors

Rosanna Foskett examines the recent judgment in Hart and Samways v Burbidge, which illustrates how the courts will apply the principle of presumed undue influence, even where such influence was not intentional

Source: The Law Society: PS

Counting the Cost

The Court of Appeal case of Thomas v Jeffery reminds practitioners that even late disclosure does not fetter a judge's discretion on costs. Laurie Scher reports

Source: Trusts and Estates Law & Tax Journal

To mediate, or not: that is the question

Mediation has gained momentum following the Woolf reforms. Beverley Vara looks at its evolution and why, today, it’s hard to refuse.

Source: Estates Gazette

Seize the day - jurisdictional challenge

What effect will the recent Court of Appeal decision of Erste Group Bank AG v JSC 'VMZ Red October' have on jurisdictional issues in English law? Richard Morgan QC, one of the barristers who argued the case, says that although these types of issues may be litigated more frequently, the English courts are doing a good job acting as a gatekeeper in relation to the extent of their jurisdiction.

Source: Lexis®PSL Restructuring & Insolvency

Yet another reason to mediate

An article written by two of our mediators Beverley Vara and John Dagnall on the recent case of PGF II SA V OMFS Company 1 Limited [2013] EWCA Civ 1288, which extended the obligations on litigants when offered the opportunity to mediate.

Source: Maitland Mediators

It’s time charities paid

Charities are already required to pay all manner of fees to other regulators. Why shouldn’t they pay a fee to their own?

Source: The Lawyer

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Author(s)
Matthew Smith

Practice areas
Charities

Company Law Article

This month, Lawyer Monthly takes a look at Company Law, and the legal implications surrounding it. They spoke to Catherine Newman QC, a leading silk at the commercial Chancery Bar who has a strong practice both domestically and internationally, from Maitland Chambers.

Source: Lawyer Monthly

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