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In this issue: Disputes and remedies Neighbour and party wall disputes Enforcing security and property insolvency Property disputes in Scotland LexTalk®Property Disputes: a Lexis®Nexis community Additional Property disputes updates Daily and weekly news alerts Dates for your diary New and updated content Trackers Disputes and remedies Supreme Court confirms no tortious damages recoverable where the ‘but for’ causation test is unmet in relation to Japanese knotweed (Davies v Bridgend County Borough Council) In Davies v Bridgend County Borough Council [2024] All ER (D) 32 (May) [2024] UKSC 15, the Supreme Court unanimously allowed the appeal, holding that, applying the ‘but for’ test, compensation is not payable where the drop in value of the claimant’s land was not brought about by the defendant’s tortious acts, and therefore no award of damages is appropriate in such circumstances. The ruling matters particularly for claims where Japanese knotweed encroachment commenced before the duty to treat Japanese knotweed...
IP COMPLETION DAY: At 11pm (GMT) on 31 December 2020, the Brexit transition/implementation period that followed the UK’s withdrawal from the EU comes to a close. In UK law this moment is termed ‘IP completion day’. From that point, core transitional arrangements end and significant changes start to take effect across the UK’s legal framework. This note provides guidance on areas affected by these changes. Before continuing your research, see Practice Note: What does IP completion day mean for lending lawyers? [Archived]. BREXIT: From 31 January 2020, the UK is no longer an EU Member State, but entered an implementation period during which, for many purposes, it continues to be treated by the EU as a Member State. As a third country, the UK cannot participate in the EU’s political institutions, agencies, offices, bodies and governance structures (except to the limited extent agreed), yet it must continue to meet its obligations under EU law (including EU treaties, legislation, principles and international agreements) and submit...
Introduction This Practice Note offers a concise overview of how Brexit-related publications and announcements have affected the UK oil and gas sector, and what this means for the industry after IP completion day. On 23 January 2020, the European Union (Withdrawal Agreement) Act 2020 (EU(WA)A 2020) was enacted, allowing the government to ratify the Withdrawal Agreement and transpose its terms into domestic law. Consequently, under EU(WA)A 2020 the UK continued to be legally subject to EU law throughout the transition/implementation period set out in the Withdrawal Agreement. At 11 pm (GMT) on 31 December 2020, that Brexit transition/implementation period ended. From that moment (defined in UK law as ‘IP completion day’), key transitional measures ceased and substantial changes started to operate across the UK’s legal framework. On 24 December 2020, the European Commission and the UK government declared an agreement in principle on the legal basis for the future UK-EU relationship. Announced only a week before IP completion day, the EU-UK Trade and Co-operation Agreement (TCA), together with related...
ARCHIVED: This Practice Note has been archived and is not maintained. At 11 pm (GMT) on 31 December 2020, the implementation period ended, concluding the UK’s move away from the EU’s legal frameworks and bodies. From that moment—described here as ‘IP completion day’—the UK’s legal landscape altered materially. On 24 December 2020, the European Commission and the UK government revealed an agreement in principle on the legal basis for the future UK–EU relationship. Arriving barely a week before IP completion day, the EU–UK Trade and Cooperation Agreement (TCA), together with related accords, was finalised at the last minute, allowing scant opportunity to establish the legal and practical measures needed to render the deal fully functional. The agreement was executed on 30 December 2020 and secured approval from the UK Parliament (with accompanying implementing legislation). Owing to the compressed timetable, the UK and EU consented to apply the deal provisionally from 1 January 2021, while awaiting the EU’s full ratification. The provisional TCA, alongside its associated agreements, declarations and regulations,...
This Agreement is dated [ date ] Parties [ insert name of the pursuer ], a company registered in Scotland (no [ insert company number ]), whose [ registered office OR principal place of business ] is at [ insert address ] (the Pursuer) [ and ] [ ; ] [ insert name of defender ], a company registered in Scotland (no [ insert company number ]), whose [ registered office OR principal place of business ] is at [ insert address ] (the Defender). Each being a Party and, together, the Parties. Whereas (A) [ Insert details of the background to the dispute eg ‘The Parties entered into a contract for the supply of certain goods etc ]. (B) A dispute has emerged between the Parties regarding [ insert details of the dispute ] (the Dispute). (C) [ Proceedings were raised by the Pursuer against the Defender on [ date ] by way of [ Summons OR...