Hark! A recent Alabama Supreme Court indemnity decision, Mobile Infirmary Association v. Quest Diagnostics Clinical Laboratories, may require you to retrieve your drafting pen. Although not a case involving a construction dispute, Mobile Infirmary does address a key component of risk shifting in construction contracts — the indemnity clause ...
Deal round-up: Schemes of Arrangement in Guernsey This surge in takeovers reflects a general market trend for companies listed on the London Stock Exchange (“LSE”) over this same period and it is no surprise that Guernsey companies have been affected, given that Guernsey is the second most common jurisdiction for companies listed on the LSE, second only to the UK itself. The takeovers have been a mixture of public-to-private deals and consolidations by way of a share exchange ...
Climate change is affecting the world, and its impact is notably most seen in the rise in sea levels and flooding from major weather systems, as evident in the recent events in Florida in the US. These changes directly threaten oceanfront communities and the local real estate market. Oceanfront properties, once considered prime real estate, are now facing significant devaluation globally due to the encroaching threat of rising waters ...
The recent takeover of Capital & Regional by NewRiver REIT marks the latest example of consolidation in the UK REIT market, following other notable deals such as the LondonMetric takeover of LXi, as well as the merger between Tritax Big Box and UKCM. This wave of corporate activity has been driven by several factors. One trend is the shift towards specialisation, with REITs increasingly differentiating themselves to investors by focusing on specific sectors ...
Tine Renate Granlund has core expertise in real estate, construction law, and dispute resolution/litigation. She assists contractors at all stages of property development projects – from problem-solving in the early phase, drafting contracts, and handling challenges along the way to disputes that may arise subsequently ...
October 8, 2024 By: John L. Hosack and Jason E. Goldstein In a victory for all insureds who have title insurance policies, and possibly a victory for insureds under other real property related insurance policies, the California Court of Appeal in Tait v. Commonwealth Land Title Insurance Company (2024) 103 Cal.App.5th 271, 277 (rev ...
October 2, 2024 By: Manuel Fishman* Beginning on January 1, 2025, landlords of commercial properties – be they office, industrial or retail, will need to develop new procedures when entering into leases with a newly defined class of tenants, identified as “qualified commercial tenants ...
A recent High Court decision has important implications for commercial real estate owners considering taking enforcement action against defaulting tenants, particularly during unprecedented situations or in connection with newly enacted legislation ...
If you work in the area of HUD-insured multifamily or healthcare loans, you are likely to have encountered a floodplain on a property prior to a HUD application and wondered “what do I do now?” You would not be alone. HUD’s environmental requirements in 24 CFR Part 50 are some of the most daunting and least understood elements of the HUD loan process ...
By: Michael V. Capellupo, Esq. and Mark S. Fawer, Esq. The Federal Reserve last Wednesday voted to lower its target range for the federal funds rate by 50 basis points (from a range of 5.25%-5.50%, down to 4.75%-5.00%), marking the first decrease in this benchmark interest rate since rate hikes began in March 2022 ...
The recent Upper Tribunal case of Kevin Prosser KC v Andrew Ricketts [2024] provides useful insight into how Judges will approach the rateability of barristers’ chambers and other similarly structured businesses or organisations ...
On 18 September 2024, SVW and head of EU law Jan Magne Langseth pleaded on behalf the Plaintiff – Alsaker Fjordbruk– one of Norway’s biggest salmon producers – in case E-8/24 before the EFTA Court ...
Force majeure remains a hot topic when it comes to contracts. Following the pandemic, Suez Canal blockage and international sanctions, parties to contracts have been looking at how to possibly recover their losses or minimise the effects of delays. One question that had arisen was whether contracting parties could be forced to find a way around the issues by being commercially minded, particularly where they had an obligation to use reasonable endeavours to overcome the force majeure event ...
This newsletter features a look into notable recent case law and other developments in Finnish competition law and other regulatory issues. The Finnish Competition and Consumer Authority proposes a first ever fine for an alleged obstruction of a dawn raid In May 2024, the Finnish Competition and Consumer Authority (FCCA) proposed that the Market Court imposes an infringement fine of approximately EUR 4.4 million for an alleged obstruction of the FCCA's unannounced inspection ...
The Court of Justice of the European Union (the “CJEU”) has issued a decision (C-109/23) on a reference for a preliminary ruling requested by a German court in relation to a potential breach of restrictive measures issued against Russia ...
The need to find mitigation mechanisms against climate change increases as time passes ...
The High Court has ruled on water neutrality – an issue impacting the determination of planning applications across West Sussex and beyond - for the first time ...
The decision of the Supreme Court in R (Finch) -v- Surrey County Council and others [2024] UKSC 20 (Finch) has set a clear benchmark for the scope of Environmental Impact Assessment (EIA) undertaken in connection with carbon intensive developments in the UK. However, the Finch case is not just relevant to projects concerning fossil fuel extraction ...
The much-anticipated revised National Planning Policy Framework (NPPF) was published for consultation on 30 July, with the consultation running until 24 September. The consultation document extends more widely than changes to the NPPF itself, centred around the three pillars of stability, investment and reform. This article looks at the proposed reform. It should be said at the outset that much in the NPPF remains as before and the reforms might be regarded as tweaks ...
Whilst the revised National Planning Policy Framework (NPPF) contains a number of potentially game changing new policy proposals, many of the changes aim to re-wind the clock to the pre-December 2023 version of the NPPF. This is to encourage short-term growth through restored stability in the planning system ...
Subsequent to the amendments to the Mining Code and other mining legislation that were introduced by Laws No. 21,420, of February 2022, and No. 21,649, of December 2023, on August 2nd there were published in the Official Gazette the Decrees No. 9 and 10 of the Ministry of Mining, which approved the Regulations on the obligation to submit geological information, and amended the Mining Code Regulations, respectively. Decree No ...
The Welsh Government has given some insight into its direction of travel in terms of implementing the Building Safety Act 2022 (BSA) in Wales with the publication of the Building Safety Act 2022 Handbook for Wales Design and Construction Phase. This confirms that the BSA will be implemented in Wales in phases. The handbook summarises the work that has commenced in the first stage including: defining what is a higher-risk building in Wales for the design and construction phase ...
Shoosmiths hosts a panel discussion examining Greater Manchester's Places for Everyone spatial strategy following its formal adoption, focusing on the transition from the strategy phase to implementation and delivery. Places for Everyone was formally adopted on 21 March 2024 after a decade in the making ...
Following the adoption of Greater Manchester's Places for Everyone strategy, Shoosmiths brought together real estate experts for a roundtable discussion on approaches to new development, redevelopment, renewable energy provision, and decarbonisation. Greater Manchester has raised the bar for new commercial and residential development in recent years, with cranes now a permanent fixture on a skyline famous for high-rises and construction projects ...
In a judgment decided on the 26th of June 2024 in the names Marcus Scicluna Marshall et vs Michael Borg Cardona, the Court of Appeal in its Inferior Jurisdiction confirmed that no appeal can be filed from the rate established by the Rent Regulation Board to increase the rent for leases predating the year 1995 ...
