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Articles, highlights and press releases
49 items provided by Broadfield Law LLP
Bircham Dyson Bell advises on the main market IPO of Ten Entertainment Group plc
Bircham Dyson Bell acted for Ten Entertainment Group plc, parent company to Tenpin Limited, in connection with its admission to the premium segment of the main market of the London Stock Exchange with a market capitalisation of just over £107 million. <br/>The Group is the second largest ten-pin bowling operator…
Proposed increase to probate fees
A huge increase in Probate Court fees is planned for May 2017. Subject to parliamentary approval, a fee structure based on the value of an estate is being introduced with the maximum fee of £20,000 for estates of more than £2m. This will affect bereaved families and charity beneficiaries and, in the…
Immigration update – Points Based System 6 April 2017
The lambs are leaping, the daffodils are blooming and the sales of chocolate are soaring. That can only mean that spring is finally upon us. Change is also around the corner in the immigration world, with some fairly important changes in the Points Based System on 6 April. Those changes will need to…
Terminating a side letter can be a penalty
In Vivienne Westwood Limited v Conduit Street Development Limited [2017] EWHC 350 (Ch), the termination of a side letter that allowed a tenant to pay a reduced rent was held to be a penalty and was not enforceable.<br/>Flagship store<br/>Vivienne Westwood had taken a 15 years lease of a flagship ground floor and…
The engagement with the local community is arguably the most important part of project development. Sadly, too often it is simply viewed as ‘something that has to be done’. At the same time, community expectations are rising. So what does this mean for the future of project engagement?<br/>We should start…
Housing can now be included in DCOs
6 April is the beginning of a new tax year and is also one of the two ‘common commencement days’ when many new regulations and parts of acts come into force (the other is six months later).<br/>One of these is the provision in the Housing and Planning Act 2016 that allows ‘an element of housing’ in an application…
Government issues housing in NSIP and fees guidance
On Tuesday 21 March, the government issued two guidance documents relating to the Planning Act 2008 regime: guidance on including housing in an application for a nationally significant infrastructure project and guidance on the new more expensive fee regime.<br/>Housing guidance<br/>The <a href="http://bit.ly/2nHet7Z">housing guidance</a> is largely…
What does Brexit mean for public affairs?
Now that the process of leaving the European Union is underway, public affairs needs to be aware of the implications. Outside of the possible political and constitutional ramifications, public affairs life will never be the same again.<br/>Clients, whether they be internal or external, now have to realise…
Residential ground rents – do you know how much you’ll be paying in 10 years’ time?
Ground rents in long leases of new-build flats and houses are big business. Developers such as Taylor Wimpey and Bellway Homes have recently been in the limelight over the sale of long leases of new-build flats and houses which contain ground rents that double every 10 years.<br/>What seems like an affordable…
The Queen gave her royal assent to the High Speed Rail (London – West Midlands) Act 2017, allowing phase 1 of HS2 to be built from Euston in London to near Lichfield in Staffordshire.<br/>This project has been authorised by its own Act of Parliament rather than via the Planning Act 2008 since it is of such…
The real impact of Brexit on Parliament
The role of Parliament in Brexit has been controversial. But what is more important than the Brexit Bill is what Parliament does next and how much engagement there is. Unless everyone pays attention it will be easy to miss out.<br/>The focus of attention so far has been on the European Union (Notification…
Employee suffering from work-related stress and dyslexia was not disabled
In Herry v Dudley Metropolitan Borough Council, the Employment Appeal Tribunal (EAT) considered an appeal against an Employment Judge’s decision that an employee suffering from dyslexia and stress was not disabled.<br/>The definition of a disability in the Equality Act 2010 requires a claimant to show that…
The fundraising regulator: current developments
The news on fundraising may have been more about data protection and consent recently, but there are other fundraising developments which also require charities’ attention. The Fundraising Regulator, which was established just over a year ago and assumed responsibility for the regulation of charitable…
Bircham Dyson Bell advises on the take private of FIH Group plc
Bircham Dyson Bell advises on the take private of FIH Group plc<br/>Bircham Dyson Bell acted for <a href="http://www.fihplc.com/" style="background-color: rgb(255, 255, 255);">FIH Group plc</a> (“FIH”) in connection with the take private offer made for it by Staunton Holdings Limited (“Staunton”). The offer, for the entire issued and to be issued share capital of FIH, is proposed to be…
Article 50 Bill receives Second Reading in the House of Commons
As expected the House of Commons has voted decisively for the Second Reading of the Bill. The government won by 498 votes to 114, a majority of 384. A lone Conservative MP, Ken Clarke, voted against the government.<br/>Why was this vote a significant milestone for the government?<br/>The vote was seen as a test…
The European Union (Notification of Withdrawal) Bill, to quote a well-known advertisement, does exactly what it says on the tin. In response to the Supreme Court’s judgment that an Act of Parliament is needed to trigger Brexit, the Bill provides that Theresa May ‘may’ give notice under Article 50, perhaps…
Yesterday was 19 January 2017 and the last application for a nationally significant infrastructure project (NSIP) was made on 19 July 2016, exactly six months earlier. This is the longest gap between applications since the first application was made in August 2010.<br/>There was a gap of 4 1/2 months between…
The new normal: Public affairs under Brexit and Trump
2016 may have been the year of surprises and unexpected results but 2017 will be the year where the implications of those results start to come to fruition. Trump will be inaugurated on 20 January and Brexit will be triggered by the end of March. Public affairs may never be quite the same again.<br/>There…
Tidal lagoons get backing as delayed pipeline decided
The outcome of the Hendry review and the decision on the Yorks & Humber CCS Pipeline application.<br/>Hendry review<br/>One nationally significant infrastructure project consisting of a tidal lagoon has so far been given consent, to be built in Swansea Bay.<br/>The government appeared to hesitate about endorsing…
BDB expands outside London with acquisition of KWM Cambridge office
Bircham Dyson Bell (BDB) has expanded its reach with the acquisition of King & Wood Mallesons’ (KWM) Real Estate Team based in Cambridge. The 9-lawyer strong office will be fully operational and integrated within BDB with immediate effect.<br/>The KWM Team that is being acquired consists of Partner, Simon…
The impact of procedural failings on the fairness of a dismissal for gross misconduct
In Tykocki v Royal Bournemouth and Christchurch Hospitals NHS Foundation Trust, the EAT considered an Employment Tribunal’s finding that the dismissal of a nurse for gross misconduct was fair, despite procedural failings.<br/>Ms Tykocki had been employed as a healthcare assistant for 14 years when a patient…
Non Dom Changes: The New Inheritance Tax Charge Reinvented
In this article we revisit the new inheritance tax (<strong>IHT</strong>) charge following publication on 5 December 2016 of the government’s responses to its August consultation document and further draft legislation. In doing so we discover the government have reinvented some of the proposed rules in such a way that…
Why aren’t Jedis charitable? – The meaning of religion in charity law
The Charity Commission appears to have entered into the Christmas spirit this year with a well-timed release of <a href="https://www.gov.uk/government/publications/the-temple-of-the-jedi-order">its decision on the Temple of the Jedi Order</a> (the Temple).<br/>The decision may have provided some light-hearted headlines for the media, but it is important because the Commission has re-considered…
Ten infrastructure planning predictions for 2017
Here are some predictions for 2017 in infrastructure planning.<br/>Eight applications will be decided in 2017<br/>The Planning Act’s fixed timescales mean it is reasonably easy to predict the number of decisions made each year, since every undecided application that has had its preliminary meeting should be decided…
The role of business in Brexit
Business is critical to the success of Brexit. Without their ideas and input, the Government may not focus as closely on the needs of the economy, or only on certain parts of the economy. Instead, business has to be robust and stand up for itself.<br/>That may seem like a slightly strange thing to say. Many…
UK sees largest change to business rates in a generation
The UK draft rating list (published in September 2016) shows a dramatic increase in the rates to be paid by businesses in London from April 2017 and a decrease in rates for the rest of the UK. There was disappointment following last month’s Autumn Statement which did nothing to deal with concern about…
Autumn Statement promises more for infrastructure – with limits
On Wednesday the Chancellor of the Exchequer, Philip Hammond MP, gave his first – and last – <a href="http://bit.ly/2gBag2x">autumn statement of government spending plans</a>. The next such statement will be in spring 2018, with the budget moved to autumn 2017.<br/>As is often the way when compiling information for this blog, in checking the…
Government consults on new environmental assessment regulations
Today’s entry reports on a consultation on implementing the new environmental impact assessment directive.<br/>After a review coinciding with 25 years of the original directive being in force, the European Union (remember it?) passed <a href="http://bit.ly/2h7w6Hm">a revised Environmental Impact Assessment (EIA) directive</a> in May 2014 and…
Non dom changes: Time to start making plans
The tax landscape for individuals who are resident but not domiciled in the UK (non doms) will undergo a significant change from 6 April 2017.<br/>The second consultation document providing more detail about the proposals was finally published on 19 August 2016 although we can expect further changes before…
Non dom changes: The need to take urgent domicile advice
Non doms who were born in the UK and who have a UK domicile of origin are the group most severely affected by forthcoming changes to the UK tax regime. For them, the new fiscal world will be unrecognisable.<br/>Despite the long delays in providing detailed information, the Chancellor, Philip Hammond, confirmed…
Bircham Dyson Bell advises on the main market IPO of Ten Entertainment Group plc
Bircham Dyson Bell acted for Ten Entertainment Group plc, parent company to Tenpin Limited, in connection with its admission to the premium segment of the main market of the London Stock Exchange with a market capitalisation of just over £107 million. <br/>The Group is the second largest ten-pin bowling operator…
Proposed increase to probate fees
A huge increase in Probate Court fees is planned for May 2017. Subject to parliamentary approval, a fee structure based on the value of an estate is being introduced with the maximum fee of £20,000 for estates of more than £2m. This will affect bereaved families and charity beneficiaries and, in the…
Immigration update – Points Based System 6 April 2017
The lambs are leaping, the daffodils are blooming and the sales of chocolate are soaring. That can only mean that spring is finally upon us. Change is also around the corner in the immigration world, with some fairly important changes in the Points Based System on 6 April. Those changes will need to…
Terminating a side letter can be a penalty
In Vivienne Westwood Limited v Conduit Street Development Limited [2017] EWHC 350 (Ch), the termination of a side letter that allowed a tenant to pay a reduced rent was held to be a penalty and was not enforceable.<br/>Flagship store<br/>Vivienne Westwood had taken a 15 years lease of a flagship ground floor and…
The engagement with the local community is arguably the most important part of project development. Sadly, too often it is simply viewed as ‘something that has to be done’. At the same time, community expectations are rising. So what does this mean for the future of project engagement?<br/>We should start…
Housing can now be included in DCOs
6 April is the beginning of a new tax year and is also one of the two ‘common commencement days’ when many new regulations and parts of acts come into force (the other is six months later).<br/>One of these is the provision in the Housing and Planning Act 2016 that allows ‘an element of housing’ in an application…
Government issues housing in NSIP and fees guidance
On Tuesday 21 March, the government issued two guidance documents relating to the Planning Act 2008 regime: guidance on including housing in an application for a nationally significant infrastructure project and guidance on the new more expensive fee regime.<br/>Housing guidance<br/>The <a href="http://bit.ly/2nHet7Z">housing guidance</a> is largely…
What does Brexit mean for public affairs?
Now that the process of leaving the European Union is underway, public affairs needs to be aware of the implications. Outside of the possible political and constitutional ramifications, public affairs life will never be the same again.<br/>Clients, whether they be internal or external, now have to realise…
Residential ground rents – do you know how much you’ll be paying in 10 years’ time?
Ground rents in long leases of new-build flats and houses are big business. Developers such as Taylor Wimpey and Bellway Homes have recently been in the limelight over the sale of long leases of new-build flats and houses which contain ground rents that double every 10 years.<br/>What seems like an affordable…
The Queen gave her royal assent to the High Speed Rail (London – West Midlands) Act 2017, allowing phase 1 of HS2 to be built from Euston in London to near Lichfield in Staffordshire.<br/>This project has been authorised by its own Act of Parliament rather than via the Planning Act 2008 since it is of such…
The real impact of Brexit on Parliament
The role of Parliament in Brexit has been controversial. But what is more important than the Brexit Bill is what Parliament does next and how much engagement there is. Unless everyone pays attention it will be easy to miss out.<br/>The focus of attention so far has been on the European Union (Notification…
Employee suffering from work-related stress and dyslexia was not disabled
In Herry v Dudley Metropolitan Borough Council, the Employment Appeal Tribunal (EAT) considered an appeal against an Employment Judge’s decision that an employee suffering from dyslexia and stress was not disabled.<br/>The definition of a disability in the Equality Act 2010 requires a claimant to show that…
The fundraising regulator: current developments
The news on fundraising may have been more about data protection and consent recently, but there are other fundraising developments which also require charities’ attention. The Fundraising Regulator, which was established just over a year ago and assumed responsibility for the regulation of charitable…
Bircham Dyson Bell advises on the take private of FIH Group plc
Bircham Dyson Bell advises on the take private of FIH Group plc<br/>Bircham Dyson Bell acted for <a href="http://www.fihplc.com/" style="background-color: rgb(255, 255, 255);">FIH Group plc</a> (“FIH”) in connection with the take private offer made for it by Staunton Holdings Limited (“Staunton”). The offer, for the entire issued and to be issued share capital of FIH, is proposed to be…
Article 50 Bill receives Second Reading in the House of Commons
As expected the House of Commons has voted decisively for the Second Reading of the Bill. The government won by 498 votes to 114, a majority of 384. A lone Conservative MP, Ken Clarke, voted against the government.<br/>Why was this vote a significant milestone for the government?<br/>The vote was seen as a test…
The European Union (Notification of Withdrawal) Bill, to quote a well-known advertisement, does exactly what it says on the tin. In response to the Supreme Court’s judgment that an Act of Parliament is needed to trigger Brexit, the Bill provides that Theresa May ‘may’ give notice under Article 50, perhaps…
Yesterday was 19 January 2017 and the last application for a nationally significant infrastructure project (NSIP) was made on 19 July 2016, exactly six months earlier. This is the longest gap between applications since the first application was made in August 2010.<br/>There was a gap of 4 1/2 months between…
The new normal: Public affairs under Brexit and Trump
2016 may have been the year of surprises and unexpected results but 2017 will be the year where the implications of those results start to come to fruition. Trump will be inaugurated on 20 January and Brexit will be triggered by the end of March. Public affairs may never be quite the same again.<br/>There…
Tidal lagoons get backing as delayed pipeline decided
The outcome of the Hendry review and the decision on the Yorks & Humber CCS Pipeline application.<br/>Hendry review<br/>One nationally significant infrastructure project consisting of a tidal lagoon has so far been given consent, to be built in Swansea Bay.<br/>The government appeared to hesitate about endorsing…
BDB expands outside London with acquisition of KWM Cambridge office
Bircham Dyson Bell (BDB) has expanded its reach with the acquisition of King & Wood Mallesons’ (KWM) Real Estate Team based in Cambridge. The 9-lawyer strong office will be fully operational and integrated within BDB with immediate effect.<br/>The KWM Team that is being acquired consists of Partner, Simon…
The impact of procedural failings on the fairness of a dismissal for gross misconduct
In Tykocki v Royal Bournemouth and Christchurch Hospitals NHS Foundation Trust, the EAT considered an Employment Tribunal’s finding that the dismissal of a nurse for gross misconduct was fair, despite procedural failings.<br/>Ms Tykocki had been employed as a healthcare assistant for 14 years when a patient…
Non Dom Changes: The New Inheritance Tax Charge Reinvented
In this article we revisit the new inheritance tax (<strong>IHT</strong>) charge following publication on 5 December 2016 of the government’s responses to its August consultation document and further draft legislation. In doing so we discover the government have reinvented some of the proposed rules in such a way that…
Why aren’t Jedis charitable? – The meaning of religion in charity law
The Charity Commission appears to have entered into the Christmas spirit this year with a well-timed release of <a href="https://www.gov.uk/government/publications/the-temple-of-the-jedi-order">its decision on the Temple of the Jedi Order</a> (the Temple).<br/>The decision may have provided some light-hearted headlines for the media, but it is important because the Commission has re-considered…
Ten infrastructure planning predictions for 2017
Here are some predictions for 2017 in infrastructure planning.<br/>Eight applications will be decided in 2017<br/>The Planning Act’s fixed timescales mean it is reasonably easy to predict the number of decisions made each year, since every undecided application that has had its preliminary meeting should be decided…
The role of business in Brexit
Business is critical to the success of Brexit. Without their ideas and input, the Government may not focus as closely on the needs of the economy, or only on certain parts of the economy. Instead, business has to be robust and stand up for itself.<br/>That may seem like a slightly strange thing to say. Many…
UK sees largest change to business rates in a generation
The UK draft rating list (published in September 2016) shows a dramatic increase in the rates to be paid by businesses in London from April 2017 and a decrease in rates for the rest of the UK. There was disappointment following last month’s Autumn Statement which did nothing to deal with concern about…
Autumn Statement promises more for infrastructure – with limits
On Wednesday the Chancellor of the Exchequer, Philip Hammond MP, gave his first – and last – <a href="http://bit.ly/2gBag2x">autumn statement of government spending plans</a>. The next such statement will be in spring 2018, with the budget moved to autumn 2017.<br/>As is often the way when compiling information for this blog, in checking the…
Government consults on new environmental assessment regulations
Today’s entry reports on a consultation on implementing the new environmental impact assessment directive.<br/>After a review coinciding with 25 years of the original directive being in force, the European Union (remember it?) passed <a href="http://bit.ly/2h7w6Hm">a revised Environmental Impact Assessment (EIA) directive</a> in May 2014 and…
Non dom changes: Time to start making plans
The tax landscape for individuals who are resident but not domiciled in the UK (non doms) will undergo a significant change from 6 April 2017.<br/>The second consultation document providing more detail about the proposals was finally published on 19 August 2016 although we can expect further changes before…
Non dom changes: The need to take urgent domicile advice
Non doms who were born in the UK and who have a UK domicile of origin are the group most severely affected by forthcoming changes to the UK tax regime. For them, the new fiscal world will be unrecognisable.<br/>Despite the long delays in providing detailed information, the Chancellor, Philip Hammond, confirmed…