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Category Archives: Commercial

Commercial – including technology, outsourcing, intellectual property

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Market Participants Welcome Clarity on German Real Estate Transfer Tax Reform

Federal Ministry of Finance publishes draft tax bill outlining new measures effective 1 January 2020. By Tobias Klass The Federal Ministry of Finance has released its first draft tax bill on the contemplated real estate transfer tax (RETT) reform, setting out the general framework to which market participants must conform. German political debate has focused … Continue Reading

FCJ Decision Updates Shareholders’ Resolution Requirement for Sale of GmbH Assets

While a shareholders’ resolution is still required, the FCJ left open the question of whether notarization of the resolution is necessary. By Christian Thiele and Otto von Gruben The German Federal Court of Justice (FCJ) decided on 8 January 2019 that Section 179a (1) of the German Stock Corporation Act (AktG) does not apply mutatis … Continue Reading

German Real Estate Sellers: Beware Rent Roll Risks

Sellers may be liable for damages if actual rent is lower than stated in the rent roll, despite contractual exclusion of liability for defects. By Christian Thiele and Patrick Braasch The Higher Regional Court of Cologne (HRC Cologne) has ruled that a property seller is liable for the difference between the rent shown in the … Continue Reading

German Federal Court Reinforces Informal Modifications of Property Purchase Agreements

Ruling finds that parties may make informal modifications without notarization after the conveyance has become binding. By Christian Thiele The German Federal Court recently ruled that parties may informally modify a property purchase agreement if the conveyance has become binding — thereby confirming prior case law. The Court further held that the parties may also … Continue Reading

English High Court Applies New “Range of Factors” Test to Defence of Illegality

New “range of factors” test suggests broad use in future civil matters and fairer, more nuanced outcomes. By Daniel Smith and Alanna Andrew The High Court has applied the new fact-sensitive “range of factors” test in Harb v Aziz[i] to determine whether a defendant to a civil claim can rely on the claimant’s wrongdoing to … Continue Reading

Bank of England Opens Up Access to Payment Schemes for FinTech Firms

By Andrew Moyle, Stuart Davis, Fiona Maclean, Christian McDermott and Charlotte Collins The Bank of England (BoE) announced on 19 July 2017 that it is extending direct access to its real-time gross settlement (RTGS) service to non-bank payment service providers (i.e., e-money institutions and payment service providers that do not have regulatory permissions to carry … Continue Reading

Mitigating Cybersecurity Risks

By Jennifer C. Archie, Gail Crawford, Andrew Moyle, Serrin A. Turner, and Brian Meenagh Hacking of organisations’ systems is becoming increasingly commonplace, even with advancements in security practices. To mitigate risk, a company must have an enterprise-level, cross-functional incident response plan that is rehearsed and practiced. In the event of an incident a company with … Continue Reading

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Welcome to Latham.London, our new blog. Drawing on our legal and commercial expertise, we will share our views and provide short updates on the most important local and international developments impacting key markets and industries.  To ensure you do not miss any of the information most relevant to your needs and interests please feel free to subscribe … Continue Reading
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