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Property Law Journal: 18 April 2011

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

Following a spate of scare stories in the period leading up to the guidelines being finalised, the Ministry of Justice finally published the Guidance on Adequate Procedures, which businesses have been waiting for, at the end of March.

Boyes Turner

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

The Competition Appeals Tribunal (CAT) has ordered significant reductions to the fines imposed by the OFT in the recent construction ‘bid rigging’ case.

Dellah Gilbert examines the practical implications of a recent judgment on break notices

There has been a flurry of cases over the last year or so highlighting the difficulties encountered by tenants in serving valid break notices. In three of the most significant, Prudential Assurance Co Ltd v Exel UK Ltd & anor [2009], Orchard Developments v Reuters [2009] and Hotgroup plc v Royal Bank of Scotland plc [2010], the notice was found by the court to be invalid and the leases therefore continued.

Nabarro LLP

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 number of vacant shops has risen to an all-time high according to the latest shop vacancy report from the Local Data Company.


Alexandra Anderson reviews the judgment in Jones v Kaney, and its implications for professional experts and their insurers

Last week the Supreme Court handed down its judgment in Jones v Kaney [2011] in which it has swept away the longstanding immunity from suit afforded to expert witnesses. The decision had been widely expected, given that advocate’s immunity was removed in 2001. The decision was clearly not an easy one: the judgment was a majority (5:2) decision, with Lord Hope and Lady Hale dissenting.

Shelagh McKibbin discusses the coalition government’s flagship Green Deal scheme and asks what this means for commercial property

Until the Energy Bill was published there was a prevailing view that the coalition’s much publicised Green Deal scheme only targeted residential properties. Announcements last November by Energy Secretary Chris Huhne raised the prospect of wider application, but only when the Bill was introduced into parliament last December did it become clear that the Green Deal will also apply to commercial property. The government intends to launch the Green Deal in Autumn 2012.