The Chancellor’s statement on 8 July 2024 stated that mandatory housing targets will be restored as part of the reform of the National Planning Policy Framework in England and Wales. This is expected to be included in the King’s speech on 17 July. The planning regime in Scotland is devolved and it is the National Planning Framework 4 (NPF4) that applies. Challenges and court cases followed the publication of NPF4 in February 2023 ...
The Supreme Court has decided that most collateral warranties will not be construction contracts and unanimously allowed the appeal of the Court of Appeal decision in Abbey Healthcare (Mill Hill) Limited v Simply Construct (UK) LLP [2022]. Background Under s.108 of the Housing Grants, Construction & Regeneration Act 1996 (Construction Act), parties to a construction contract have a right to refer disputes arising under those contracts to adjudication ...
A recent appeal case upheld a breach of contract claim over a lifetime rail travel benefit delivered by a third-party provider. We examine the case and how employers can avoid such disputes through clear terms and conditions for employee benefit schemes ...
Shoosmiths brings together leading developers, asset managers and investors, as well as energy, planning, policy and legal experts, for a roundtable discussion on overcoming power supply challenges to support the delivery of innovative and resilient developments that balance financial and environmental objectives ...
The Automated Vehicles Act (the Act) outlines the safety requirements that manufacturers and operators of automated vehicles will need to meet in order to deploy their goods and services on UK roads. In this article Ben Gardner outlines the key safety areas that will need to be considered ...
The Board concluded that the NDPA does not have authority to impose coercive fines in ongoing cross-border cases. Only in exceptional cases may concerned data protection authorities, such as the NDPA, adopt provisional measures until three months on its own territory. The GDPR sets out that national powers, such as coercive fines, shall not impair the effective powers of the cooperation and consistency mechanism ...
On 12 June 2024, the Office of Rail and Road (ORR) published its final report, ‘Railway Station Catering Market Study’. It evaluates the effectiveness of competition in station catering and whether the market is delivering value for money for passengers and taxpayers. The ORR has identified barriers to competition, such as limited space and protected leases ...
The Automated Vehicles Act (the Act) outlines how liability will be allocated when an automated vehicle commits a driving offence or is involved in an accident, together with certain information disclosure requirements to support regulatory investigations. In this article Ben Gardner outlines the key issues surrounding liability that will need to be considered ...
A new set of regulations regulating the grant of a temporary emphyteutical concession to the emphyteuta, tenant or operator of Government-owned commercial property came into force on 4th June 2024 in virtue of Legal Notice 131 of 2024 (the “Regulations”) ...
Carey Olsen advises Patron Capital on its latest European real estate fund This is the third Patron Capital fund domiciled in Jersey under the island's well-established Expert Fund regime. Fund VII will continue the to employ Patron Capital's opportunistic investment strategy which focuses primarily on distressed and/or undervalued property and property related investments, mostly in Western Europe, and has a welcome ESG focus ...
The Automated Vehicles Act (the Act) creates a licensing and permitting scheme for operators that intend to use automated vehicles to offer transportation services for passengers and goods. In this article Ben Gardner outlines what potential operators need to consider ...
The Automated Vehicles Act (the Act) regulates the marketing of self-driving vehicles, prohibiting the use of misleading terminology or communications that could confuse consumers. In this article Ben Gardner explores how the use of terminology that could mislead consumers will be regulated. The Act has now received Royal Assent and creates a regulatory framework which applies to the deployment and use of automated vehicles on UK roads ...
On 3 May 2024, the Court of Session upheld the Scottish Ministers’ decision to refuse Miller Homes Ltd planning permission for 250 houses in West Calder. The decision is the first occasion on which the Court has considered Policy 16 of the NPF4 (Quality Homes) and confirms the approach to be adopted when considering applications for development of unallocated housing sites in the absence of an adopted local development plan postdating NPF4 ...
On 17 April 2024, the JCT Design and Build 2024 (JCT DB 2024) was published. This is the first contract published in the new JCT 2024 suite, with further contracts set to be published on a rolling basis over the coming year. There are some notable changes, but overall the JCT has taken a balanced approach on the extent of the changes, building on the previous JCT Design and Build 2016 (JCT DB 2016). An understanding of the key changes is essential for those looking to adopt the new form ...
Probate and estate planning administration for Guernsey domiciliaries Why do I need a Guernsey grant of probate or administration? Guernsey is an independent legal jurisdiction for estate administration purposes. When a person dies leaving assets in Guernsey it is likely their personal representative will be required to obtain a Guernsey Grant of Probate or Administration in order to receive the Guernsey assets ...
Probate and estate planning administration for non-Guernsey domiciliaries Why do I need a Guernsey Grant of Probate or administration? Guernsey is an independent legal jurisdiction for estate administration purposes. When a person dies leaving assets in Guernsey, it is likely their personal representative will be required to obtain a Guernsey Grant of Probate or administration in order to receive the Guernsey assets ...
On 15 May 2024 a new report, titled 'Skills 2030; Building a World-Class Skills System' was launched in Westminster. Below are our key recommendations of the report and what it could mean for the automotive sector. The report includes contributions from multiple industries and sector leaders including the Institute of the Motor Industry (IMI), Jisc, The University of Derby and The University of Warwick ...
The Automated Vehicles Act has received Royal Assent after a smooth and quick passage through parliament. In this article, Ben Gardner outlines what organisations in the sector can expect to happen next. What is the Automated Vehicles Act? The Act lays the foundations for the future deployment of automated vehicles on public roads ...
When the Scottish Law Commission (SLC) first invited comments in 2018 on the wide-ranging topic of termination of leases, it sought views not only on those elements which were subsequently covered in its draft bill, the Leases (Automatic Continuation etc) (Scotland) (Bill) published in 2022, but also on the Tenancy of Shops (Scotland) Act 1949 ...
NPF4 forms part of the statutory development plan taking precedence where it postdates local development plans. Tesco argued that the local planning authority failed when considering whether the store was "small scale neighbourhood retail development". Tesco has successfully challenged a decision by Perth and Kinross Council granting planning permission to Aldi for a store at Pitheavlis, Perth. The store was intended to be a direct replacement for Aldi's existing store at Glasgow Road ...
Shoosmiths’ energy & infrastructure partner Chris Pritchett hosted a panel discussion at the Solar and Storage Live London last week, focussing on the often-overlooked elements of the low carbon transport transition, namely accessibility, regional parity, and the regulatory and industry code barriers to rolling out some of the solutions that this transition so desperately needs ...
Law No. 21.398 "Pro-Consumer", which was published on December 24th, 2021, incorporated the current Article 17 N of the Consumer Protection Act. This article establishes that, before entering a credit transaction, suppliers must analyze the economic solvency of the consumer in order to comply with the obligations arising therefrom ...
Over a period of less than 24 hours on the 16thof April, the United Arab Emirates experienced its heaviest rainfall since records began 75 years ago, with sources recording a years’ worth of rain falling in one day. The record-breaking rains created destructive flooding and chaos. Properties in the UAE were under attack by natural elements – rain, wind and flood. Many suffered from severe flooding, rising groundwater, and water through the walls and windows as well as through roofs ...
