Winckworth Sherwood
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May 2010
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E-Gen: the Regeneration and Development Legal Newsletter
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Welcome to the May 2010 edition of E-Gen the newsletter covering legal tips, topics and issues in Regeneration and Development.
If there are any particular issues that you would like more information on then please do let us know using the feedback section below.
Please select from the list below to view this edition's articles:
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| Section 9 is dead - Long live Section 172 |
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Housing association readers of E-Gen will be familiar with "section 9 consents", the consents which Registered Social Landlords (now Registered Providers) needed to obtain from the Housing Corporation and, more recently, the Tenant Services Authority (TSA) for disposals of land in their ownership.
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Where a landlord provides services to residential leaseholders, it is necessary to comply with consultation procedures before long term agreements are entered into.
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| Does the burden of a contract always pass on assignment? |
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The recent case of Davies v Jones [2009] EWCA Civ 1164 [2010]05 EG 114, showed that where a third party acquires the benefit of a contract in place of the original party, it will not necessarily have to comply with the obligations in that contract.
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The Disclosure of Tax Avoidance Schemes regime ("DOTAS") was introduced in 2004 with the aim of providing an early warning of avoidance schemes and identifying users of those schemes. It was an innovative approach to countering tax avoidance, and so was initially limited to certain high-risk areas of income tax, corporation tax and capital gains tax. A separate, but similar, regime was introduced for VAT at the same time.
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Discrimination by your contractors - Are you liable? |
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Is an individual providing work for a third party who is not their employer protected from race discrimination by the third party or its employees? The Court of Appeal has recently handed down an important decision regarding this question which is relevant for clients or end users in tri-partite arrangements such as outsourcing or agency work.
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| Landlord left out of pocket |
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The recent case of Agricullo Ltd v Yorkshire Housing Limited highlighted again the importance of ensuring the cost provisions in Leases are scrutinised before committing to an expensive course of action. As the Landlords found to their detriment, the court will not always give a generous interpretation of a clause in a Lease.
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Not only does the country now have a new coalition government but Winckworth Sherwood is pleased to announce the arrival of a new employment team, having appointed Jo Keddie and Sue Kelly as partners and their assistants, Ellie Hibberd and Louise Lawrence.
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Winckworth Sherwood LLP is a limited liability partnership registered in England and Wales with the registered number OC334359 and is regulated by the Solicitors Regulation Authority. A list of members is open to inspection at the registered office, 5 Montague Close, London, SE1 9BB. Telephone 020 7593 5000. The term "partner" is used to refer to a member. For full details about the firm or any of the lawyers in the firm please visit www.wslaw.co.uk. If you do not wish to receive this specific communication please email us here. If you no longer wish to receive any emails regarding events, legal updates or practice information from Winckworth Sherwood please unsubscribe using the link below. To opt-out from future communications please visit: http://emailcc.com/ro/ff00008881248f07fa8d65c9c1439b0abc162d3f.
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