April 2011 #268 – Law Journals

Bribery Act 2010: Guidance issued

The updated guidance accompanying the Bribery Act was issued at the end of March. Ron Reid assesses whether it has adequately dealt with the complaints that arose out of the initial guidance ‘Facilitation payments have been relaxed somewhat, with the government approach now being that eradication of such payments will be a long-term goal requiring …

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Construction Focus: A CAT amongst the pigeons

John Starr considers the appeal decision in the OFT bid rigging saga and assesses the necessity for an expert witness in a professional negligence claim ‘Prior to the OFT’s decision, cover pricing was seen by many in the construction industry as a longstanding, widespread and acceptable practice.’The Competition Appeals Tribunal (CAT) has ordered significant reductions …

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Landlord And Tenant Update: Waiving and drowning

Dellah Gilbert examines the practical implications of a recent judgment on break notices ‘Check the terms of the break clause carefully. Comply with any specified requirements precisely, for example addressing the notice to the landlord and sending a copy to an agent.’ There has been a flurry of cases over the last year or so …

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Meanwhile Leases: Minimising overheads on empty units

With an increasing number of vacant shops presenting problems for landlords, Lisa-Marie Smith looks at the key terms and advantages of ‘Meanwhile Leases’ ‘The Meanwhile Scheme is an initiative of the previous government to encourage the temporary occupation of vacant units for non-commercial purposes, which in turn reduces the landlord’s liability for empty rates.’The number …

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Expert Witnesses: The Supreme Court abolishes immunity

Alexandra Anderson reviews the judgment in Jones v Kaney, and its implications for professional experts and their insurers ‘It was common ground that, if the immunity was to be effective, it must apply to views expressed not only in court, but in contemplation of, or at least preparation for, possible court proceedings.’Last week the Supreme …

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Green Deal: What’s the big deal?

Shelagh McKibbin discusses the coalition government’s flagship Green Deal scheme and asks what this means for commercial property ‘As a result of the Green Deal charges, energy bills could be higher than for comparable property where no efficiency measures have been performed. This could affect the landlord’s ability to re-let the property as well as …

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