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Perspective - Blog

FIDIC Rainbow Suite: Second Editions unveiled

Published on 12 Dec 2017.

18 years after the publication of the original editions, FIDIC released its Second Edition Red (Construction), Yellow (Plant and Design Build) and Silver Books (EPC / Turnkey Projects) at the FIDIC Users' Conference in London last week. The philosophy behind the revised contracts is greater clarity and transparency with an emphasis on avoiding disputes and quickly resolving them when they do arise. We highlight some of the key changes within this note.

Perspective - Blog

Construction Act and Retention consultations published by the Government

Published on 02 Nov 2017.

The Government has recently published two consultations to review (i) the implementation of the 2011 changes to the Construction Act; and (ii) the practice of cash retention under construction contracts.

Perspective - Blog

From light industrial to residential – the new permitted development right

Published on 01 Nov 2017.

At a time when headlines and inboxes are filled with new comment, consultation and discussion on how to tackle England's housing crisis, a new permitted development right allowing a change of use from light industrial to residential has come into effect with very little fanfare. So what's new, and why have we not heard more about it?

Perspective - Blog

North Midland Building Limited v Cyden Homes Limited [2017] EWHC 2414 (TCC): Choose your extension of time provisions carefully

Published on 11 Oct 2017.

North Midland Building Limited v Cyden Homes confirms the primacy of the parties' contract in determining an extension of time. Specifically, in North Midland the High Court held that an amendment made to the construction contract meant that, in a situation of concurrent delay, North Midland Building Ltd (the Contractor) was not entitled to an extension of time from Cyden Homes Ltd (the Employer) and that the prevention principle, had it arisen, would not take precedence over the expressly agreed terms of the contract.

Perspective - Blog

Contractors and Insurers beware - Contractor found to bear the risk of an incorrect standard as fitness for purpose prevails in the Supreme Court

Published on 03 Aug 2017.

This morning the Supreme Court handed down its much anticipated judgment in MT Højgaard A/S v E.ON Climate & Renewables UK Robin Rigg East Limited and another [2017] UKSC 59. The Judgment should be of concern to both contractors and their insurers.

Perspective - Blog

Is it game over for ground rent?

Published on 01 Aug 2017.

Considering the recent Government proposals to change the rules on ground rent and how those proposals may affect developers.

Perspective - Blog

Complex contracts and intricate inconsistencies – a reminder of the court's approach to contractual interpretation

Published on 18 Jul 2017.

In a year in which the Supreme Court will have produced two Judgments on the topic of contractual interpretation, the TCC's judgment in 125 OBS v Lend Lease is a useful reminder of the courts' approach to resolving these disputes and their attempt to find a balance between the so-called literal and commercial approaches to interpretation.

Perspective - Blog

Even More Challenging Times – 5 More Risks Following The Grant of Planning Permission

Published on 14 Jun 2017.

This post is the second in a two-part series in which we highlight ten areas where the risk of a third party challenge against the grant of planning permission might arise. The list we have given is not exhaustive, but all issues fall within the broad parameters for judicial review grounds, being decisions which have been taken irrationality, ultra vires (outside the scope of the authority's powers), or with procedural irregularity.

Perspective - Blog

EIA – a new role for the planning system in considering the health impacts of development?

Published on 10 May 2017.

A summary of the EIA Regulations 2017 and the consideration as part of the planning application process of a proposed development's likely impacts on human health.

Perspective - Blog

Let there be light

Published on 19 Apr 2017.

The importance of light in WELL Building Standards and how it sits within the context of planning law and rights of light

Perspective - Blog

MIPIM: 10 things we learnt about you

Published on 31 Mar 2017.

A round up of things we learnt during our first experience of MIPIM week, from what to wear to how to plan your diary and make the most of your new connections

Perspective - Blog

Engaging with Development – do we always know what we need?

Published on 29 Mar 2017.

Comment on the need for public engagement in the planning and development process, following a ULI presentation on The Well-Tempered City (author Jonathan Rose)

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Finally, a victory in the on-going battle against business rates

Published on 03 Mar 2017.

The Supreme Court ruling in Newbigin v Monks represents a welcome and important victory for UK property developers.

Perspective - Blog

Green belt development - don't forget the law!

Published on 13 Feb 2017.

A review of the housing white paper in relation to green belt development noting that the Green Belt (London and Home Counties) Act 1938 is a further hurdle.

Perspective - Blog

Electronic Signatures – the future of executing documents?

Published on 03 Feb 2017.

You could be forgiven for failing to spot the release of The EU Regulation on Electronic Identification and Trust Services in the Internal Market (910/2014/EU) (the Regulation), released post EU referendum. We consider the impact of this and the Law Society's Guidance Note on electronic signatures (the Guidance Note).

Perspective - Blog

Garden Villages - are they necessary?

Published on 09 Jan 2017.

A recent Government announcement has proposed 14 sites across England to be the first garden villages, with 3 further sites to be new garden towns. But with a country full of deserted and derelict buildings, are garden villages and towns the only way forward?

Perspective - Blog

Office to Residential Permitted Development Rights – an update

Published on 08 Aug 2016.

The rights to convert a building from office use to residential without needing to submit a planning application are not new, although a recent decision from the Planning Court have brought them back to the headlines and suggest that they may be more flexible than anticipated.

Perspective - Blog

Freedom of information: access denied by ministerial veto

Published on 04 Feb 2014.

Not since September 2012 when the Attorney General exercised powers under section 53(2) of the Freedom of Information Act 2000 (FOIA) blocking the release of correspondence between Prince Charles and seven government departments has there been a matter likely to attract attention to the use of the ministerial veto.

Perspective - Blog

Court of Appeal's opinion on good faith clauses

Published on 11 Apr 2013.

In our February blog we reported on Compass Group UK and Ireland Ltd (trading as Medirest) v Mid Essex Hospital Services NHS Trust [2012] EWHC 781 (QB) and the implications of the decision on the duty to act in good faith.

Perspective - Blog

Costs overruns in Target Costs contracts

Published on 22 Mar 2013.

Who is liable for costs overruns in a Target Cost contract, and to what extent? AMEC Group recently went to the TCC to appeal against an arbitration decision which found the Secretary of State for Defence ("the Authority") would only be liable for actual costs which were reasonably and properly incurred.

Perspective - Blog

NPPF – 1 year on: smooth transition or wasted opportunity?

Published on 21 Mar 2013.

Given that over 50% of Britain's local councils are still to adopt Local Plans, is the window of opportunity for local residents to take control of development in their local area about to close?

Perspective - Blog

New Kids on the Block : alternative funders in the real estate lending market

Published on 15 Mar 2013.

Over the last couple of years, there has been a surge in real estate lending by non-bank lenders as traditional banks started withdrawing from the market.

Perspective - Blog

Good Faith Clauses

Published on 26 Feb 2013.

There is no general doctrine of good faith in English law and it is not therefore implied into contracts.

Perspective - Blog

JCT Insurance Options: what's the right fit for fit-out?

Published on 18 Feb 2013.

Where a tenant is fitting out premises within a multi-occupied building, the JCT's standard insurance options are not always appropriate and, left unaddressed, place unintended and severe risks on the tenant.

Perspective - Blog

Government property, Kirstie and Phil style?

Published on 01 Feb 2013.

Ok, so Ms Allsopp and Mr Spencer haven’t quite been called in yet, but almost.

Perspective - Blog

Is the Green Deal a great deal?

Published on 29 Jan 2013.

There is no denying the Green Deal has many advantages but consider the deal in relation to short term leases and it may not be as great as it initially seems.

Perspective - Blog

NEC3 Engineering and Construction Contract "Guidance Notes": more important than you realise for interpreting the ECC

Published on 18 Jan 2013.

Certain terms of the NEC3 Engineering and Construction Contract ('ECC') are open to interpretation, and the recent case of E-Nik Ltd v Department for Communities & Local Government [2012] EWHC 3027 (Comm) has cast into doubt whether even something as routine as VAT is crystal-clear under the ECC.

Perspective - Blog

Development incentives – but at what cost?

Published on 14 Jan 2013.

In light of what is starting to appear to be a wholehearted failure to persuade local communities to meet requisite housing targets, Nick Boles last week proposed self-proclaimed "bungs" to local communities.

Perspective - Blog

Leaving customers without signal: the task of re-building the Telecoms Code

Published on 05 Dec 2012.

Now almost 30 years old, the Electronic Communications Code (the 'Code'), falls far short of representing the needs of a swiftly developing communications network.

Perspective - Blog

H&M: Brave New World?

Published on 27 Nov 2012.

We have all been involved in lease negotiations where there are differences of opinion as to what is or is not institutionally acceptable.

Perspective - Blog

End of the line for Village Greens?

Published on 14 Nov 2012.

Nothing can be more frustrating for a developer to see its scheme delayed or worse still derailed by an application for the registration of land as a town or village green ("TVG").

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Perspective - Blog

Technology in Insurance

Published on 22 Jun 2022. By William Hogarth, Partner

On 16 June 2022 RPC hosted an afternoon of talks and panel sessions on the theme of 'Technology in Insurance', the culmination of the firm's TechWeek which brings market experts and lawyers together to discuss risks and opportunities with new technologies within different business sectors.

Perspective - Blog

Model Articles deemed unsuitable for sole director companies

Published on 24 May 2022. By Rupert Wyles, Senior Associate

A recent decision of the High Court in Hashmi v Lorimer-Wing [2022] EWHC 191 (Ch) has suggested that the model articles for private companies are not suitable for companies with a sole director appointed.

Perspective - Publication

A guide to buying and selling English residential property

Published on 16 Nov 2020.

With the advent of COVID-19, Brexit and global market volatility, the mature, fast-moving English real estate sector faces unprecedented challenges. However history has shown the English residential property market to be particularly resilient and many consider this a time of unique opportunity.

Perspective - Blog

A licence to kill... a licence

Published on 11 Mar 2019. By Tim Anderson, Partner

In the second of a number of short articles we are producing in relation to businesses in the tech space, we will be discussing a real life example of what not to do when diligencing a tech company and its third party IP licence agreements.

Perspective - Blog

New regulations to permit assignment of receivables under commercial contracts now in force

Published on 11 Jan 2019. By Edward Colville, Partner

After more than four years of consultation, draft regulations and revisions, the Business Contract Terms (Assignment of Receivables) Regulations 2018 (the Regulations) have now taken effect, and apply to all relevant contracts entered into on or after 31 December 2018.

Perspective - Blog

Huawei and UK National Security - A new technology cold war?

Published on 11 Dec 2018. By Neil Brown, Partner and Charles Buckworth, Partner

Chinese technology giant, Huawei, has been making plenty of headlines recently. First, a number of Western governments (including the US, Australia and New Zealand) have banned Huawei equipment from being used in 5G networks, citing national security concerns. Next, Huawei's CFO was arrested in Canada in connection with alleged breaches of international sanctions.

Perspective - Publication

Sports Ticker #108: football governance, F1 in Asia and AI marketplaces

Published on 14 Jun 2024. By Jeremy Drew, Partner, Head of Commercial and Joshua Charalambous, Partner and Samuel Coppard, Senior Associate and Joseph Akwaboa, Associate and Anthony Cutler, Associate and Ellie Chakarto, Associate

In a fortnight which saw Real Madrid lift the Champions League Cup once more, a new "Ultimate Championship" athletics event announced and Charles Leclerc win on home soil for the first time in the Monaco Grand Prix, we bring you updates on the now-halted Football Governance Bill, potential Formula 1 expansion into Southeast Asia and record-breaking interest in women's sports.

Perspective - Publication

Sports Ticker #107: football sustainability, AI team selection and new F1 tech – a speed read of commercial updates from the sports world

Published on 22 May 2024. By Jeremy Drew, Partner, Head of Commercial and Joshua Charalambous, Partner and Samuel Coppard, Senior Associate and Joseph Akwaboa, Associate and Anthony Cutler, Associate and Ellie Chakarto, Associate

In a fortnight which saw Manchester City bag its fourth consecutive Premier League victory, Brazil announced as the host of the 2027 Women's World Cup and Will Smith purchase his own electric powerboat team, we bring you updates on sustainability in football, AI in cricket, and bees in baseball.

Perspective - Publication

Sports Ticker #106: Liverpool's Adidas kit, a new athletics venture and the London Marathon – a speed read of commercial updates from the sports world

Published on 01 May 2024. By Jeremy Drew, Partner, Head of Commercial and Joshua Charalambous, Partner and Samuel Coppard, Senior Associate and Joseph Akwaboa, Associate and Anthony Cutler, Associate and Ellie Chakarto, Associate

In a fortnight which saw women's Rugby League launch its world-first player-run TikTok account, Ferrari's F1 partnership with HP, and Apple reportedly on the verge of a global broadcast deal for FIFA World Cup, we bring you updates on a new athletics joint venture, Wrexham AFC, and the disqualification of all three medallists in the Beijing half marathon.

Perspective - Publication

Sports Ticker #105: WIPO's esports partnership, MotoGP takeover and Brighton's record profits – a speed read of commercial updates from the sports world

Published on 10 Apr 2024. By Jeremy Drew, Partner, Head of Commercial and Joshua Charalambous, Partner and Samuel Coppard, Senior Associate and Joseph Akwaboa, Associate

In a fortnight which saw the UK Football Governance Bill introduced to Parliament, TNT Sports and Discovery+ win rights to show the 2024 Autumn Nations Series and rumours of "multiple proposals" to host the 2026 Commonwealth Games, we bring you updates on a collaboration between WIPO and the Esports Integrity Commission, MotoGP's takeover and JPMorgan's formation of a specialist sports investment group.

Perspective - Publication

Sports Ticker #104: European sponsorship record growth, Germany's Adidas to Nike swap and Formula E shifts gears – a speed read of commercial updates from the sports world

Published on 28 Mar 2024. By Jeremy Drew, Partner, Head of Commercial and Joshua Charalambous, Partner and Samuel Coppard, Senior Associate and Joseph Akwaboa, Associate and Anthony Cutler, Associate

In a fortnight which saw Pete Distad named as CEO of the new Disney-Fox-Warner Bros sports streaming venture, Nottingham Forest losing four points for breaching Premier League profit and sustainability rules, and the announcement of a new fan engagement app for Swedish esports organisation Ninjas in Pyjamas, we bring you updates on German football's Adidas-Nike kit supplier swap, steps forward on the new structure for women's cricket and a bizarre bee blitz on Carlos Alcaraz.

Perspective - Publication

Sports Ticker #103: Paralympics' media reach, Super League trade mark, and Red Bull Padel – a speed read of commercial updates from the sports world

Published on 15 Mar 2024. By Jeremy Drew, Partner, Head of Commercial and Joshua Charalambous, Partner and Samuel Coppard, Senior Associate and Joseph Akwaboa, Associate and Anthony Cutler, Associate

In a fortnight which saw Wimbledon recognised as having the highest ad engagement for women's sports events in 2023, the FIA President investigated for alleged race interference, and world No 1 Novak Djokovic knocked out of the Indian Wells tournament by world No 123 "lucky loser", we bring you updates on media deals for the 2024 Paris Paralympic Games, attempts to register an EU trade mark for "The Super League", and the partnership between F1 and Tommy Hilfiger.

Perspective - Publication

Sports Ticker #102: Giant joint streaming venture, UEFA's environmental efforts and Casemiro's move to Adidas – a speed read of commercial updates from the sports world

Published on 23 Feb 2024. By Jeremy Drew, Partner, Head of Commercial and Joshua Charalambous, Partner and Samuel Coppard, Senior Associate and Joseph Akwaboa, Associate and Anthony Cutler, Associate

In a fortnight which saw the Super Bowl LVIII become the most-watched American TV event since the moon landing, Sir Jim Ratcliffe complete his £1.3bn Manchester United deal, and Emirates announce a multi-year partnership deal with Wimbledon, we bring you updates on UEFA's greenest tournament yet, Casemiro parting ways with Nike, and the upcoming launch of a new sports streaming platform.

Perspective - Publication

Sports Ticker #101: AB InBev's Olympic Gold, UEFA's commercial rights, and Snooker in Saudi Arabia – a speed read of commercial updates from the sports world

Published on 02 Feb 2024. By Jeremy Drew, Partner, Head of Commercial and Joshua Charalambous, Partner and Samuel Coppard, Senior Associate and Joseph Akwaboa, Associate and Anthony Cutler, Associate

In a fortnight which saw F1 owner Liberty Media named the "World's Most Valuable Sports Empire 2024", the 2023 Rugby World Cup confirmed as the most-watched rugby event of all time, and the shock announcement of Lewis Hamilton's move to Ferrari, we bring you updates on AB InBev's Olympic partnership, UEFA's tender process for global commercial rights, and British Cycling's uphill struggle.

Perspective - Publication

Sports Ticker #100: Earps' SPOTY win and shirt sell out, smart ball company raises US$15m, and Unilever sponsors UEFA – a speed read of commercial updates

Published on 21 Dec 2023. By Jeremy Drew, Partner, Head of Commercial and Joshua Charalambous, Partner and Samuel Coppard, Senior Associate and Joseph Akwaboa, Associate and Anthony Cutler, Associate

In a fortnight which saw Mary Earps win the Sports Personality of the Year 2023, FIFA receive three Women's World Cup 2027 bids, and Endeavor invest in Chess.com, we bring you updates on the first Lioness to trade mark her name, the ground-breaking Guinness Six Nations sponsorship, and a multi-year broadcasting deal between TNT and Formula E.

Perspective - Publication

Sports Ticker #99: Golf's big hitters, Women's FA breakaway and tennis elite tour – a speed read of commercial updates from the sports world

Published on 08 Dec 2023. By Jeremy Drew, Partner, Head of Commercial and Joshua Charalambous, Partner and Samuel Coppard, Senior Associate and Joseph Akwaboa, Associate and Anthony Cutler, Associate

In a fortnight which saw the Premier League agree a new £6.7 billion deal with Sky and TNT Sports, France named the preferred candidate for the 2030 Winter Olympic and Paralympic Games, and 518 million people watch the ICC Cricket World Cup live through Disney Star, we bring you updates on Trent Alexander-Arnold's £26 million Adidas deal, new rules for golf balls, and a potential F1-style tennis tour.