The Leasehold Reform (Ground Rent) Act 2022 (the Act) came into force on 30 June 2022. Headlined as one of the ‘most significant changes to property law in a generation’, the Act restricts ground rents on newly created long residential leases. Ground rents have been replaced by a token one peppercorn per year – effectively zero in monetary value. By restricting ground rent, the government is aiming to make leasehold ownership more affordable ...
Last month the Scottish Government published “Land Reform in a Net Zero Nation”, a consultation paper on a new Land Reform Bill. The paper sets out the proposals for the bill and seeks views on various related issues, including measures aimed at “large-scale holdings”, changes to subsidies, the introduction of a new type of agricultural tenancy, and transparency of land ownership ...
The Ministry of Public Works and Housing (“MPW”) has issued the Circular Letter No. 21/SE/M/2021 on The Procedures for Fulfillment of the Business License Requirements, the Implementation of Construction Work Competence Certification, and the Implementation of Business Entity Certificates and Construction Work Competence Certificates (“Circular Letter”) ...
The Court of Appeal has dismissed an appeal by commercial tenants against the High Court’s summary judgment rulings ordering them to pay rent arrears notwithstanding the COVID-19 pandemic ...
Even though Belgium is lagging behind when it comes to enacting specific legislation, companies doing business in Belgium should be aware of the risk of being held accountable for human rights violations or environmental pollution up or down their value chain. Human rights violations are a ‘hot’ topic and businesses are confronted with ethical challenges in this respect ...
A recent case provides a new approach to analysis of the enforceability of co-tenancy clauses in shopping center leases. In JJD-HOV Elk Grove, LLC v. Jo-Ann Stores, LLC (June 28, 2022, No. C094190) __ Cal.Rptr.3d __ [2022 WL 2313437] ("JJD"), the Third District Court of Appeal declined to apply penalty analysis under Civil Code §1671 to a co-tenancy clause, as the Fifth District had done in Grand Prospect Partners, L.P. v. Ross Dress for Less, Inc. (2015) 232 Cal.App ...
Asbestos was used extensively in UK commercial and residential buildings in the 20th century, primarily for insulation, flooring and roofing, as well as being sprayed on ceilings and walls. On health grounds, the UK banned the use and import of all asbestos in November 1999. The House of Commons DWP Select Committee recently conducted an inquiry into the Health and Safety Executive’s (HSE) approach to asbestos management ...
A summary of the key takeaways from a recent webinar on reducing scope 3 Purchased Goods & Services and Capital Goods emissions. Shoosmiths is delighted to be sponsoring United Nation Global Compact Network (UNGC) UK’s series of webinars on ‘Reducing Scope 3 Emissions’ ...
Switch2 Energy, Shoosmiths and HermeticaBlack came together to discuss procurement and delivery of new, low cost, low carbon heat networks ...
The list of extensions for the adaptation of municipal and inter-municipal plans to the (new) rules on land classification and ualification contained in the Legal Framework for Territorial Management Instruments (Regime Jurídico dos Instrumentos de estão Territorial - “RGJIT”) 1 has been joined by a new one, with the publication of Decree-Law 45/2022 of 8 July ...
SyCip Salazar Hernandez & Gatmaitan (SyCipLaw) is once again recognized by Managing IP’s IP STARS 2022 as a Tier 1 firm for its Patent practice. Earlier this year, SyCipLaw was also cited as a Tier 1 firm for its Trade mark work. In addition, the firm’s IP practitioners once again received outstanding rankings this year: Vida M. Panganiban-Alindogan, Partner and Head of IP Department (IPD), Trade Mark StarEnrique T ...
More than two years on from the first work-from-home order of the Covid-19 pandemic, business leaders are still grappling with changes to working practices that one executive says could lead to a two-lane economy in which swathes of workers never return to the office ...
What is a JCT contract? A JCT contract is a standard form of building contract produced by a UK body known as the Joint Contracts Tribunal. The JCT is comprised of seven members who represent a wide range of interests in the building sector from contractors, architects, and surveyors. The documents produced by the JCT are intended to standardise construction contracts with a view to reducing the time taken to negotiate the documentation ...
Much has been written about the recent introduction of a right on the part of secure agricultural tenants to sell back their tenancies for value to the landlord. I want to have a look at another means by which some secure tenants can sell on the tenancy without involving the landlord at all. That the tenant’s interest in a secure traditional agricultural tenancy has a considerable value is now well established and the reasons easy to understand ...
In Abbey Healthcare (Mill Hill) Ltd v Simply Construct (UK) LLP, the Court of Appeal recently determined that a collateral warranty, signed four years after completion, was a construction contract that applied retrospectively, therefore an adjudication award applied to the dispute under the warranty and was enforceable. The court’s decision provides clarity that a collateral warranty can be sufficient evidence of contractual obligations to seek enforcement of an adjudication award ...
Welcome to the third and final part in our series of articles on the Building Safety Act 2022. In Part 1 of our series of articles on the Building Safety Act 2022 we discussed the greater exposure to claims due to extensions in limitation periods and the measures aimed at addressing failures to remedy historical safety defects. In Part 2, we discussed the dutyholder regime and, in this final part, we look at the new gateway regime for higher risk buildings ...
Switch2 Energy, Shoosmiths and BEIS have come together to provide an update on how regulation, rising energy prices and decarbonisation targets are impacting heat network operators and customers. This second webinar, in a series of three, looks at what to do with existing buildings in relation to heat networks ...
Welcome to the second part in our series of articles on the Building Safety Act 2022. In Part 1 of our series of articles on the Building Safety Act 2022 we discussed the greater exposure to claims due to extensions in limitation periods and the measures aimed at addressing failures to remedy historical safety defects. In Part 2, we discuss the dutyholder regime and look at the steps developers can take now to prepare ...
Throughout my career as a banker and as an attorney, as well as through experiences with friends and their families, I have noticed that there is no topic more taboo than talking to someone about their death and how they intend to distribute their accumulated assets during their lifetime. It is incredible that, for many, this topic is so difficult to face with an objective mind to leave their estate affairs in order, no matter how small it may be ...
One of the most basic questions under the False Claims Act—what facts a relator must plead to state a claim—is also one of the most difficult to answer. The Supreme Court is considering multiple certiorari petitions seeking to resolve a circuit split in the application of Rule 9(b)’s heightened pleading standard to the FCA ...
Welcome to the first part in our series of articles on the Building Safety Act 2022. The Building Safety Act received Royal Assent on 28 April 2022. While many of the provisions will be implemented over the next 12-18 months, the industry is being urged to get ready now. Dame Judith Hackitt stated in a recent HSE Bulletin: “The clock is now ticking and the pace is accelerating. Change is going to happen this time – there’s no denying it anymore!” ...
