Shoosmiths' Natalie Aldread explores two recent cases and their implications for break options and the renewal of a business tenancy under the Landlord and Tenant Act 1954 It is often assumed that where renewal of a business tenancy under the Landlord and Tenant Act 1954 has not been opposed, the bar is reasonably low to include a landlord’s break option in the new lease. Two recent cases do, however, indicate that this is not always the case ...
A core aim of the Building Safety Act 2022 (BSA) is to ensure the real estate industry - rather than leaseholders or the taxpayer - meets building safety expenditure. One way this is to be achieved is by introducing the Building Safety Levy under s.58 of the BSA. The government has now moved one step closer to the implementation of the levy with the recent publication of a consultation outcome and the publication of a third consultation - closing on 20 February 2024 ...
Shoosmiths' real estate experts explore commonly encountered issues and also tips and traps for providing and receiving replies to Commercial Property Standard Enquiries. Replies to Commercial Property Standard Enquiries (“CPSEs”) are designed to provide practical information about the property to assist buyers and tenants with their due diligence ...
In December, the Government published MSL Regulations, together with guidance, specifying the minimum number of workers needed to operate public services in times of strike action; for more detail, please see our recent article. With the dispute between the ASLEF train drivers’ union and UK train operators still ongoing, industrial action has now been announced to take place between 30 January and 5 February, with significant disruption expected ...
Shoosmiths’ legal experts outline the key legal changes set to impact the UK’s real estate industry in 2024 and beyond. Introduction of biodiversity net gain in England New biodiversity net gain requirements will be introduced for large development sites from 12 February 2024 and are set to also apply to smaller sites from 2 April 2024. Biodiversity net gain aims to create and improve natural habitats by measuring the impact of a development on biodiversity ...
This newsletter features a look into notable recent case law and other developments in Finnish competition law and other regulatory issues. Finnish Market Court gives its first detailed ruling on joint bidding In November 2023 the Finnish Market Court gave its judgment concerning a case on joint bidding in the field of public transport. This was the first time a Finnish court has in detail examined the lawfulness of joint bidding ...
Following from the recent geopolitical developments in Ukraine, there has been a heightened interest in international sanctions ...
Yesterday, the Oslo District Court issued its decision in the case. The court determined that all three PDO permits are invalid because the greenhouse gas emissions from the fields have not been adequately assessed for their environmental consequences. This is in violation of procedural rules in the petroleum law, interpreted in light of Article 112, paragraph two, of the Constitution, and the EU Project Directive ...
In recent years, there has been an increase in understanding the impacts of wind power development, which has also led to legislative changes in the sector. To reflect this development, the Finnish Ministry of the Environment is currently updating its Wind Power Guide, which was published in 2016. In this article, our Energy practice's Associates Teemu Huhtala and Janne Helaskoski discuss the key objectives and the main features of the revision of the Wind Power Guide ...
Packaging and packaging waste has been regulated by the European Union (“EU”) since 1994. As consumers, we all know that most goods are sold in packaging, and that there may be various packaging at the several stages of the product’s life. Packaging comes in a diversity of material (glass, paper, cardboard, metal, plastics, wood, corks, textile, ceramics or porcelain…) and items (cans, tubes, boxes, films and bags) ...
On 11 January 2024 the Financial Conduct Authority (“FCA”) published policy statement PS24/1 (without consultation). The policy statement sets out temporary changes to the complaints handling rules for motor finance complaints, amid a rise in complaints against motor finance firms relating to commission ...
To help the industry prepare, Shoosmiths’ construction specialists have outlined what legal developments may be in store for 2024. After a testing few years for the construction industry, 2024 is likely to be no breeze, with continued economic uncertainty and major regulatory reform on the way. To help the industry prepare, Shoosmiths’ construction specialists have outlined what legal developments may be in store for 2024 ...
The Court of Appeal confirmed that, on the proper interpretation of a reservation of rights clause, residential tenants had obtained a right to park on a private road outside their flats. In the recent case of Duchess of Bedford House RTM Co Ltd v Campden Hill Gate Ltd [2023] EWCA Civ 1470, the Court of Appeal has confirmed that, on the proper interpretation of a reservation of rights clause, residential tenants had obtained a right to park on a private road outside their flats ...
SyCipLaw Partner Benedicto P. Panigbatan responds to questions in relation to property ownership and foreign investment in the Philippines ...
After a disappointing outcome at COP28 and a weakening of several key net zero policies by the government in 2023, what does 2024 hold for environmental law and regulation? Here are our top 10 things to watch out for. 1. Extended producer responsibility for packaging 2023 saw the introduction of packaging waste data reporting regulations in England, Scotland and Wales ...
On January 10, 2024, the Government submitted to Congress three billsintroducing significant modifications concerning environmental regulations and sectorial permits. Bill that modifies the Law of General Bases of the Environment Through Presidential Message No. 292-371, the Executive branch presented a bill with the purpose of strengthening the environmental institutional framework and improving its efficiency, introducing amendments to the Law of General Bases of the Environment (Law No ...
Jonathan Smart, head of the mobility sector at Shoosmiths, comments on upcoming trends and developments to expect in 2024 for the sector. The automotive industry is in the midst of a transformative era, marked by technological breakthroughs and shifting consumer preferences. Staying ahead of the curve is crucial for industry insiders. Let's delve into five pivotal trends that are reshaping the landscape of the automotive sector ...
The current exposure in the EU investment fund sector to the risks in real estate markets has been the subject of a recent publication, dated 10th January 2024, which was issued by the European Securities and Markets Authority (“ESMA”) as part of its ongoing Trends, Risks and Vulnerabilities (“TRV”) risk analysis ...
Please note the following press release. This press release is available at our homepage. Heuking advises Primus Valor group on the acquisition of several properties A Heuking team led by Dr. Sönke Görgens, Partner at the Hamburg office, legally advised Primus Valor group on the acquisition of several properties in Wolfsburg ...
Shoosmiths' Living sector co-heads, Judy Fawcett, Kathryn Jump and Lisa Tye examine what 2024 might bring for the UK’s residential landscape. The Levelling-Up and Regeneration Act 2023 (LURA) is set to reshape the planning system and wider residential landscape in 2024. The Act introduces significant changes to the planning system, hinting at a shift toward centralised decision-making in the planning process – impacting all areas of the UK’s living sector ...
Shoosmiths' Judy Fawcett reflects on a roundtable the firm hosted in November 2023 - examining the partnerships model and the role it plays as part of the UK's living sector. “That’s the way we look at doing business. It is creating that partnership, relationship, that trust. And, hopefully that works both ways,” said Gwynn Thomson, investment director at Sigma Capital Group, during a roundtable Shoosmiths hosted in November 2023 ...
Another great year for the Ocean team at SVW has ended. The Shipping industry had a great year, as we have witnessed it through our clients’ engagements. More steps have been taken toward environmentally smarter investments by many clients, not only within the fuel engine options in new-building orders, but also piloting strategic joint ventures and collaborations in the fuel terminals infrastructure (hydrogen/ammonia), as well as power plants ...
