The UK’s purpose-built student accommodation (PBSA) sector remains resilient despite months of economic and political uncertainty. “The fundamentals of the operational market in PBSA are very strong. I don’t think anyone is sat there saying that we don’t have great universities, we’ve got great occupancy and we’ve got growing demand,” outlined Alex Pease, executive director at Watkin Jones Group, at a recent Shoosmiths’ roundtable ...
Disputes are the bane of all construction professionals lives, but unfortunately no matter how hard one tries to avoid them (partnering, mediation and the like) there are always some matters which require formal dispute resolution to resolve them. PFI is one area where efforts have been made in the last few years to streamline disputes and where appropriate to consolidate disputes. While such aims are to be applauded they can in themselves lead to difficulties ...
pOver the last several years, traditional insurance has become increasingly expensive as insurers use risks and claims associated with the COVID-19 pandemic, geopolitical risk, supply-chain disruption, inflation and intensifying severe weather events to justify premium raises and coverage reductions ...
The Planning (Agent of Change) Bill was a private member’s bill introduced in Westminster in 2018 by former government minister John Spellar to ‘require specified planning controls in relation to developments likely to be affected by existing noise sources’ ...
For a long time in Polish business practice it has been unclear whether clauses in construction work contracts that require one party to notify the other of circumstances being grounds for seeking additional remuneration are effective. Clauses of this kind can be found in contracts concluded according to FIDIC standard forms of contracts produced by the Fédération Internationale des Ingénieurs-Conseils ...
As the summer season draws closer, a stream of news continues to come our way from the Adriatic coast of our region. Montenegro is the source of updates this time around, as there have been reports about the Stratex Group taking full control over Budvanska Rivijera Hotel Group – a company in which they already hold a 30% ownership stake. The deal would include all of Budvanska Rivijera's assets excluding the St ...
Phasing is one of the key factors to consider and get right in planning for large scale, strategic development. A well-phased scheme divides the site into distinct parcels of land allowing reserved matters to be submitted and conditions discharged in relation to each parcel, individually, as it comes to be developed. It also allows planning obligations in section 106 Agreements to be apportioned between parcels and (in some cases) to be attached and limited to particular parcels ...
In a recent case, the Upper Tribunal decided that land benefitting from a restrictive covenant was greater than the land which had the legal benefit. An application to release the covenant was, accordingly, refused ...
Takeaways from webinar on 2 February 2021 hosted by Karen Howard, Matthew Stimson and Grace Mitchell from our planning & environmental team. What are public rights of way and why are they relevant? A public right of way (PROW) is a type of highway - a route across land over which the public at large has a right to pass/ repass without permission or interference ...
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 ...
The Planning and Development (Strategic Infrastructure) Bill 2006 was published on 16 February 2006 (a pdf version of this Bill is available at the end of this article). The idea of creating a “fast track” planning procedure for major infrastructural projects had been mooted for over three years ...
Earlier this year, right in a last minute attempt to win undecided voters for one of the political parties, the leaving members of parliament enacted a new tax law. While fundamental changes to the Austrian Tenancy Law had been vividly discussed between the socialist and the conservative parties in recent years, the new law on the abolition of stamp duty falls completely short of what could have been achieved ...
When a company acquires a minority share in a competing company, legal issues concerning price-fixing, market sharing, exchange of information etc. may arise if the companies in question do not continue to regard each other as competitors. This situation has recently been tried in a judgment from the Stockholm District Court where the coach tour operators, Scandorama and Ölvemarks were ordered to pay fines of SEK 6.8 million and SEK 4.6 million respectively ...
[!<CDATA[ Most state and federal courts have expressed a strong preference for parties to resolve their legal disputes via binding arbitration when there is an arbitration clause applicable to the dispute, there are instances where courts will deny such a request – even when the parties have expressly agreed to this particular forum in their construction contract ...
A minority of states have enacted statutes and taken other action to protect business owners from claims by persons who allegedly were infected by COVID-19 on their premises.1 The purpose of this article is to compare these statutes and discuss some of the differences between them. This article addresses statutes in effect as of October 27, 2020. The article does not address pending legislation ...
The government is currently consulting on amendments to Approved Document B, which gives guidance on how to meet the requirements of the Building Regulations, including options for providing sprinklers in care homes and to recommend a second staircase be provided in residential buildings over 30 metres in height ...
Milton Keynes, the New Town famous for its grid system, roundabouts and concrete cows is every bit the planner’s dream. Fifty-five years after its foundation and bidding for city status in the Queen’s platinum jubilee year, Milton Keynes has come of age ...
Please note the following press release. This press release is available at our homepage. Speed and innovation earn top rating: WirtschaftsWoche bestows the Best of Legal Award on Heuking The Best of Legal Award was presented to Heuking Kühn Lüer Wojtek by WirtschaftsWoche magazine in recognition of its public procurement law counsel to Niedersachsen Ports GmbH & Co. KG on the construction of a temporary LNG import infrastructure to prevent a gas shortage ...
HUD-insured debt may be a narrow field within the broader realm of commercial real estate finance, but it never ceases to amaze me the variety of issues that I encounter within the relatively small HUD sandbox. Dinsmore’s work as lender’s counsel on a recent multifamily 223(f) loan had me grappling with issues related to sovereign immunity, a legal concept that had barely entered my consciousness since graduating from law school ...
A recent judgement of the Court of Appeal brings welcome clarification of the principles regarding the recovery of wasted expenditure claims in IT disputes. Summary Whist wasted costs arising from failed IT implementations often form part of a subsequent loss of profit claim, the two forms of loss are separate and distinct. Consequently, in order to be effective, exclusions must specifically refer to wasted costs ...
