Ashfords' In-House Bulletin - July 2022

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In this edition, we bring you updates on the Overseas Entities register which will come live in the coming weeks, legal issues associated with modular construction methods, the government’s decision to extend the ban on exclusivity clause to low-income workers, e-signed power of attorney in real estate transactions, and the High Court’s guidance as to the interpretation of contractual termination provisions in a recent case.

Contract termination right – use it promptly or risk losing it

In the recent High Court decision DD Classics Limited v Kent Chen [2022] a judge found that the defendant had lost its right to terminate as he had not exercised the right within a reasonable period of time.

Click here to discover the key facts of the case and Ashfords' key takeaways from the case

Extension of the ban on exclusivity clauses to low-income workers

It has been a long time coming but in May 2022 the government announced its decision to extend the ban on exclusivity clauses to low-income workers which is estimated to impact around 1.5 million people.

The effect of this decision will mean that workers with a guaranteed weekly income on or below the Lower Earnings Limit of £123 per week will be permitted to work for multiple employers if they choose to do so. 

Click here to read more

Why would a power of attorney need to comply with Land Registry requirements for e-signing?

Electronic signing is becoming increasingly commonplace for legal documents and can be especially useful during holiday season.

It is important to remember that e-signed documents that are involved in dispositions and dealings that will be registered at the Land Registry (e.g. transfer of land, lease or charge) must comply with the Land Registry’s strict requirements for what they call “conveyancer-certified electronic signatures”.

Find out the key requirements here

Modular Construction – What do you need to think about?

Modern Methods of Construction (MMC) embraces a range of innovative building methods including modular construction, which essentially involves a building, or elements of it, being constructed off-site, and then delivered and assembled on-site.

Click here to discover the advantages of MMC and the various issues it raises

Register of Overseas Entities

Overseas entities (OEs) that own UK land must join a new register to be administered by Companies House that will capture details of their beneficial owners, in order to reveal their identities and encourage greater transparency. The register is expected to go live on 1 August 2022.

Read more about the impacts of the register here

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