The Law Commission has published its much-anticipated consultation paper on proposed reform to the Landlord and Tenant Act 1954. This consultation asks a fundamental question: should a statutory scheme of security of tenure exist and if so, how should it operate? Commercial leases, from warehouse premises to offices and shops usually have a legal right to a new lease when the existing lease ends, unless the parties have agreed otherwise, or a landlord can meet one of a short list of exceptions ...
The Belgian takeover market is currently undergoing a full transformation. Three experts from the independent law firm, ALTIUS, share their insights about the new dynamics in the field of mergers and acquisitions (M&A). “We see clear links with restructurings, bankruptcies, and the evolution of the real estate market.” The new dynamics currently driving the takeover market in our country are the result of various factors ...
A critical new bill is now making its way through Parliament, with potential far-reaching implications for the general public and the real estate sector if passed. The bill, often referred to as Martyn’s Law, was named in honour of Martyn Hett, who was killed in the Manchester Arena attack in 2017, and whose mother has been a steadfast advocate for its enactment ...
This is a meaningful Budget for the affordable housing sector, with positive signs that housing, particularly affordable housing, is being prioritised by the government. This reflects a recognition of how crucial community building is for social cohesion and the economy. As highlighted in the Radix Big Tent Housing Commission’s recommendations last week, a prompt rent settlement is essential for the affordable housing sector and for Registered Providers ...
By: Melissa Groisman, Esq. As of October 1, 2024, Florida has implemented stricter flood disclosure requirements for residential real estate transactions. This means that sellers are now required to disclose a property’s flood risk to potential buyers prior to executing a purchase and sale agreement. What Does This Mean for Sellers and Buyers? Sellers: To comply with the new law, sellers must disclose any previous flood damage claims and federal assistance received due to flooding ...
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 ...
Case 1: the Lila Lisbon[i] — an appeal on an LMAA arbitration award, at the High Court, London, dealing with whether a Buyer under a NSF 2012 can claim loss of bargain (market price vs purchase price) following Seller’s failure to deliver within Cancelling Date [held: no] ...
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 ...
New legal regime Articles 95, § 3-5 (works), 127 (supplies) and 160 (services) of the Royal Decree of 14 January 2013 regarding the general rules for execution of public tenders: 30 calendar days verification term + 30 calendar days payment term. Exception for contracting authorities in the healthcare sector for public tenders for works, supplies and services pertaining to their healthcare activities. 30 calendar days verification term + 60 calendar days payment term ...
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 ...
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 ...
Law No. 21,398 (known as the "Pro-Consumer Law"), which amended Law No. 19,496, Consumer Protection Act ("CPA"), reinforced the right of withdrawal in distance purchases, establishing that: Consumers may exercise the right of withdrawal or repentance, within a period of 10 days from receipt of the product, without expression of cause, with respect to all purchases of goods, without conditioning the right to the will of the supplier ...
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 ...
A private sale may start an inventor’s one-year filing clock, but it likely won’t save a patentee from an intervening prior art reference. On July 31, 2024, in a precedential decision, the U.S. Court of Appeals for the Federal Circuit (CAFC) elaborated on the prior art public sale exception set forth in 35 U.S.C. §102(b)(2)(B). Specifically, the CAFC affirmed that a secret sale of a product would not be sufficient to pre-date a prior art reference under 35 U.S ...
