As we emerge from lockdown, the pace of change in the real estate world is increasing once again. Michael Callaghan looks at what the legal landscape looks like in the coming months. Climate change The Government is planning significant changes to the Minimum Energy Efficiency Standards (MEES) and the provisions that apply to Energy Performance Certificates (EPCs) to drive down carbon emissions from buildings ...
The ASA has taken further steps in their battle against influencers that fail to disclose when they are advertising to consumers on their social media channels. The ASA has taken further steps in their battle against influencers that fail to disclose when they are advertising to consumers on their social media channels ...
Following the latest government announcements, where do landlords and tenants stand in relation to the recovery of rent unpaid during the Coronavirus pandemic? The simple answer is there is a significant degree of uncertainty, and an awful lot of detail around the government’s proposals and that has yet to be resolved ...
Wednesday June 30 2021 is when the Stamp Duty ‘holiday’ in its current form at least will end. The Chancellor, Rishi Sunak, introduced the temporary Stamp Duty Land Tax (SDLT) in July 2020 to boost the housing market following the first national lockdown. The aim was to save buyers from paying stamp duty on any properties valued at up to £500,000 – a saving worth up to £15,000 ...
The IVAucher programme was set up to stimulate private consumption in the sectors worst affected by the economic impact of the COVID-19 pandemic (catering, accommodation and culture). With regard to these sectors, “catering” is used in the broad sense to cover restaurants, cafés, bars and catering companies providing food and beverage services, and “accommodation” refers to hotels and other short-stay accommodation for holidays and business travel ...
The Planning and Development (Amendment) (No. 3) Bill 2021 is being expedited through the legislative process. It will provide for extensions to a number of time limits, including for the passing of development plans. Importantly however it will also allow for extensions, or additional extensions, to existing planning permissions to allow projects be completed. Planning permissions have a fixed duration, usually five years ...
Agricultural rent reviews have been a source of controversy within the industry for many years. After a period of 15 years or so where there was little rent review activity in the agricultural tenanted sector between the early 1990s and the mid-2000s, a sharp spike in commodity prices during the course of 2007 led to a large number of rent review notices being served ...
There are a plethora of issues that parties need to work through to make a strategic land project viable; not least, the UK tax system which has a number of potential pitfalls that can materially impact returns. At present, there is no single tax efficient model catered for in UK legislation to enable parties to come together ...
More recently, many more people are using fertility treatment to conceive; particularly same sex couples, single women and surrogates (Human Fertilisation and Embryology Authority data). This echoes a societal shift in so far as relationships, the formation of families and lifestyles are concerned. As such, there needs to be more emphasis on the development and evolution of the law and sector generally ...
The COVID pandemic has catalysed the decline of traditional retail as the dominant offer in our town centres. There is a growing consensus that a significant part of most town centres needs to have a greater focus on the local community, be experimental and better address local needs. Alongside this, we have the government agenda to ‘level up’ and to ‘build back better’ ...
On 22 May 2021, SPV77 Co. Ltd., a special purpose entity set up to issue and offer Siri Hub Investment Digital Tokens (“SIRIHUB”) to investors secured approval from the Securities and Exchange Commission (“SEC”) for the country’s first Initial Coin Offering (“ICO”). The first ICO approval by the SEC follows three years of legal changes starting with the passage of the Emergency Decree on Digital Asset Business Operation B.E. 2561 (2018) ...
As we emerge from the pandemic, UK cities have a positive future – from the growth of digital broadcasting in Manchester to the positive future for inward investment; from what is needed to preserve our high streets to excitement around the Birmingham 2022 Commonwealth Games. The UK Cities Investor Guide is a bi-annual publication produced in partnership with EG, and tackles some of the key challenges and opportunities facing the real estate investment market ...
Regulation (EU) 2017/745 of 5 April came into force on 26 May to create a single set of rules applicable to all medical devices, other than in vitro diagnostic medical devices. Here are some of the main changes to the rules that now come into force: 1. Broadening of the scope of application of the rules and of the concept of medical device With this Regulation, medical devices without a medical purpose that have characteristics similar to medical devices (e.g ...
Remember Nirvana? There have been reports about an interesting copyright infringement case involving the grunge band Nirvana, a band that is still associated by many with frontman Kurt Cobain. Yet this case does not involve music copyright. Rather it deals with copyright in an artistic work, a drawing. How about Dante’s Inferno? The case has been brought by a lady called Jocelyn Susan Bundy. Bundy is the granddaughter of C.W. Scott-Giles, a heraldry expert who died in 1982 ...
Commercial landlords have, in the past year and a half, dealt with many novel issues in relation to COVID-19, often on an emergency basis. Few landlords have had to deal with both public health order violations and gang crime relating to the same tenant, as in a recent decision of the B.C. Supreme Court, Ivy Lounge West Georgia Limited Partnership v. TA F&B Limited Partnership, 2021 BCSC 997 ...
Earlier this year, Scotland won the Calcutta Cup at Twickenham for the first time since 1983, thanks to a try from Duhan Van Der Merwe. The football team heads to Wembley this summer hoping to replicate the success of their rugby counterparts. The attack will likely be led by a strike pairing born in Leicester and the Gold Coast. Both these footballers qualify for Scotland due to family connections ...
The final phase of the Esterra Park development in Redmond, Washington, is a carbon-neutral development. Schwabe client JTM Construction is the general contractor for that project. As attorneys, we are interested in staying up to date on market trends, so we asked JTM to put together a panel to brief Schwabe’s Real Estate and Construction industry group on the carbon-neutral aspects of the project ...
An adjudicator’s jurisdiction is central to their ability to determine a dispute between two parties; without it, their decision will be invalid and unenforceable by a court. Conversely, if an adjudicator has jurisdiction, then, as the Court of Appeal has repeatedly emphasised, that adjudicator’s decision must be enforced, even if it results from errors of procedure, fact or law ...
It is a well-established rule of the Housing Grants, Construction and Regeneration Act 1996 (the ‘Act’) that an adjudicator will only have jurisdiction to determine one dispute under a construction contract at any one time, unless their jurisdiction has been extended by consent of the parties ...
In a judgment handed down on February 16, 2021, in a case involving former de facto spouses, the Superior Court dismissed an interlocutory injunction filed by the plaintiff seeking the eviction of the defendant from what had been their common residence. After having lived together in a de facto union for 32 years, the parties separated. The plaintiff, sole owner of the family residence, left the residence while the defendant continued to live there ...
The Centers for Medicare & Medicaid Services (CMS) recently issued a new rule modernizing the “Stark Law” regulations. The rule aims to advance value-based care and ease the regulatory burden on physicians. Most of the reforms are effective January 2021; however, the rule includes important changes to how physician group practices may share profits that take effect next year ...
Digemid authorized Pfizer the second conditional sanitary registration of the COVID-19 vaccine manufactured in the United States. A total of 4 vaccines authorized by the Peruvian health authority are added to this registry ...
Net zero targets now cover in excess of two thirds of global GDP and over a fifth of the world's largest public companies, according to the latest report published by the Energy and Climate Intelligence Unit and Oxford Net Zero. This global shift towards net zero has reshaped the development landscape with demand for sustainable buildings being driven not only by regulators, but by investors and occupiers ...