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In this issue: Statutory compliance Property in Wales Property development Environment, energy and buildings Property management Residential property Transferring property Easements, right and covenants Property taxes Property in Scotland Additional property updates this week Daily and weekly news alerts Trackers New Q&As Statutory compliance Court of Appeal upholds retrospective leaseholder protections In Adriatic Land 5 Ltd v Long Leaseholders at Hippersley Point (Secretary of State for Housing, Communities & Local Government, intervening) [2025] EWCA Civ 856, the Court of Appeal, by a majority, ruled that paragraph 9 of Schedule 8 to the Building Safety Act 2022 (BSA 2022) applies retrospectively to stop the recovery of service charges covering legal and professional fees tied to safety defect liabilities under qualifying leases where those liabilities arose before 28 June 2022 (the date the relevant BSA 2022 provisions commenced). The court’s reasoning turned on the legislative intention to shield leaseholders from heavy...
In this issue: UK, EU and International Regulators and Bodies Authorisation, Approval and Supervision Prudential Requirements Financial Crime and Sanctions Regulation of Capital Markets Regulation of Derivatives Sustainable Finance and ESG Banks and Mutuals Investment Funds and Asset Management UK MiFID II Regulation of Insurance FSMA Regulated Pensions Activity Payment Services and Systems Fintech and Cryptoassets Regulation of AI in FS Dates for your diary LexTalk® Financial Services: a Lexis®Nexis community UK, EU and International Regulators and Bodies FCA’s regulatory plans point to cautious optimism The Financial Conduct Authority’s 2025–2030 strategy, published on 25 March 2025, sets out four core priorities: combating financial crime supporting consumers encouraging growth becoming a smarter regulator Firms that look more closely will notice some less expected but reassuring signals: a commitment to a more adaptable supervisory approach for the largest firms,...
In this issue: Enforcing security and property insolvency Repairing obligations and dilapidations Disputes and remedies Residential tenancies Easements and covenants Service charges Contractual issues Enfranchisement and right to manage Electronic communications Key developments and horizon scanning LexTalk®Property Disputes: a Lexis®Nexis community Additional Property Disputes updates Daily and weekly news alerts Latest Q&As Debt respite scheme—jurisdiction (Seculink Ltd v Forbes) In Seculink Ltd v Forbes [2024] EWHC 3339 (Ch), the first appellate decision in the High Court on the unexpectedly far‑reaching Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020, SI 2020/1311, the creditor’s appeal succeeded, in a ruling notably favourable to creditors. Sir Anthony Mann concluded that: (1) the courts at all times have jurisdiction to decide, as a matter of law, whether a particular liability is a ‘moratorium debt’, irrespective of any use of the review process under the Regulations; and (2)...
This Practice Note explores how a distribution agreement may come to an end, covering rights to terminate under common law on notice, for breach, or by invoking express termination clauses in the contract itself. It gives guidance on termination for breach of contract and on serving effective notice to bring a distribution agreement to a close. It also examines the termination rights that might be set out in a written distribution agreement, the consequences of termination, and whether duties persist afterwards, including confidentiality commitments and post-termination restraints. Distribution agreements, like other commercial dealings, are not designed to endure forever. They should continue only while both parties derive mutual benefit and the arrangement remains compliant with applicable legislation. A well thought-through commercial arrangement should foresee that, once it no longer has a commercial rationale, it will need to be terminated. The legal route to termination ought to be a central drafting point in any distribution agreement. Supplier considerations A supplier will wish to preserve control of its sales network,...
This Practice Note reviews the principal legal and commercial considerations for cloud services, including: Due diligence Contract documents Service description Service levels Fees Data protection Data portability and backup Security Record keeping and audit rights Compliance with laws Intellectual property Supplier liability for content Liability under the contract Application of TUPE Variation of terms Suspension and termination rights Business continuity and disaster recovery Governing law and jurisdiction Export control laws Sector-specific regulation and guidance International laws For an outline of fundamental cloud concepts and further context, see Practice Note: Cloud computing—introduction. For analysis of laws relevant to cloud services across multiple worldwide jurisdictions, see Practice Note: Lexology Panoramic: Cloud Computing. This note is primarily directed at business-to-business cloud arrangements. Where suppliers provide services to consumers, extra factors will arise—see: Trading with consumers—overview. Due diligence Due diligence is an early and significant...