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Perspective - Blog

Tribunal criticizes HMRC’s refusal to allow retrospective VAT group application

Published on 27 Nov 2015. By Ben Roberts, Partner

The First-tier Tribunal (in Copthorn Holdings Ltd v HMRC) has asked HMRC to reconsider its decision to refuse a taxpayer’s application for retrospective VAT group registration. This is the second time HMRC have been asked to “think again” on their decision.

Perspective - Blog

Office to residential development crusade continues

Published on 16 Oct 2015.

As part of the Government's ongoing crusade to get homes built, the office to residential permitted development right, previously set to expire in May 2016, has been made permanent.

Perspective - Blog

MEES: The legal implications

Published on 02 Sep 2015.

The Minimum Energy Efficiency Standards regulations (MEES) will implement legislation that could make the potential benefits of "being green" tangible.

Perspective - Blog

Service charge interpretation and the cautionary tale of Arnold v Britton

Published on 17 Aug 2015.

In the recent case of Arnold v Britton[1], the Supreme Court considered the meaning of a service charge clause in a long lease which would result in the tenant paying service charges of over £550,000 per annum by 2072.

Perspective - Blog

Business Rates: Don't pull the Woolway over your eyes

Published on 13 Aug 2015.

A recent Supreme Court decision on business rates had the RPC Real Estate team talking, and not just because it related to our second & sixth floor neighbours, Mazars.

Perspective - Blog

"That don’t distress me much …"

Published on 31 Jul 2015.

George Osborne's pledge to tackle the housing crisis, if acted on, should see an increase in housebuilding.

Perspective - Blog

Summer Budget – property developments

Published on 14 Jul 2015. By Ben Roberts, Partner

Last week's "summer" Budget, the first by a (solely) Conservative government for nearly two decades, was full of surprises but contained relatively few specific property tax measures.

Perspective - Publication

Time limit for challenges to adjudication decisions clarified

Published on 01 Jul 2015.

Adjudication is intended to be a quick and cost-effective means of resolving a dispute. However, in its first decision concerning adjudication, handed down on 17 June 2015, the Supreme Court has reached a finding that means parties to adjudication may face a very long delay to reach a final determination of the dispute between them. The decision, in the case of Aspect Contracts (Asbestos) Limited v Higgins Construction plc, allows a respondent to adjudication to challenge the outcome any time up to six years after it makes payment to the successful referring party, thereby potentially rendering historic adjudication decisions vulnerable to further litigation.

Perspective - Publication

Play nicely, children

Published on 17 Jun 2015.

Litigation is, by its very nature, an adversarial process. But as the court has made clear in the case of Simon Gotch & Susan Linda Gotch v Enelco Limited1, litigants should also co-operate, to ensure the swift and cost-effective resolution of their disputes.

Perspective - Blog

Forfeiture ... that's a relief

Published on 17 Jun 2015.

A landlord's right to forfeit for breach of covenant by the tenant is a useful remedy commonly found in leases.

Perspective - Publication

Getting to Level 2

Published on 03 Jun 2015.

What insurers should look out for in BIM project management

Perspective - Publication

Beyond night and day: The importance of causation

Published on 27 May 2015.

In order to succeed in a claim for professional negligence, a claimant must establish that the professional owed him a relevant duty of care, that they breached that duty and that the breach caused the loss he seeks to recover.

Perspective - Blog

Legal Lasers

Published on 12 Sep 2014.

Building Information Modelling (BIM) is quickly becoming recognised as the future of design, construction and facilities management for new build projects. But what about existing buildings?

Perspective - Blog

Let's talk about VAT – a useful reminder

Published on 14 Aug 2014. By Ben Roberts, Partner

A recent Court of Appeal decision (CLP Holding Co Ltd v Singh and Kaur[1]) serves as a reminder to consider VAT during sale negotiations, and ensure that VAT wording in contracts is sufficiently clear.

Perspective - Blog

Be careful what you dig for

Published on 20 Jun 2014.

Beginning a project in an area of archaeological interest can be an historical minefield for both developers and contractors.

Perspective - Blog

Right time for UK REITs

Published on 22 Apr 2014.

Real Estate Investment Trusts ("REITs") are listed companies that invest in physical property, typically commercial real estate.

Perspective - Blog

Right time for UK REITs

Published on 22 Apr 2014.

What are REITs? Real Estate Investment Trusts ("REITs") are listed companies that invest in physical property, typically commercial real estate.

Perspective - Blog

The New Draft ICC Conditions

Published on 16 Apr 2014.

A new and updated version of the Infrastructure Conditions of Contract (ICC Conditions) was issued in consultative draft form for comment in March 2014 by the ICC Development Forum.

Perspective - Blog

The New Draft ICC Conditions

Published on 16 Apr 2014.

A new and updated version of the Infrastructure Conditions of Contract (ICC Conditions) was issued in consultative draft form for comment in March 2014 by the ICC Development Forum.

Perspective - Blog

Budget 2014 - update

Published on 24 Mar 2014. By Ben Roberts, Partner

Last week's Budget announcements were light on the property tax front.

Perspective - Blog

2014 – Another Year of Planning Reform

Published on 03 Feb 2014.

The past few years have seen a raft of changes to planning regime and 2014 seems set to continue with that trend. The matters below highlight some of the changes on the horizon.

Perspective - Blog

Too close for comfort – LPAs fail on the duty to co-operate

Published on 14 Jan 2014.

You would have thought that by now, after nearly 2 years since the Localism Act and National Planning Policy Framework have been in place, that local planning authorities would have got their act together.

Perspective - Blog

Adjudication - "Pay first, argue (now up to twice as much) later"

Published on 07 Jan 2014.

The recent Court of Appeal decision in Aspect Contracts (Asbestos) Ltd v Higgins Construction Plc [2013] EWCA Civ 1541 clarifies that a limitation term is implied into every construction contract under the Construction Act 1996, where no express term exists.

Perspective - Blog

Want to Control the Future?

Published on 10 Dec 2013.

A seller commonly wishes to restrict the buyer's use of land after the sale – sometimes forever and sometimes only for a limited period.

Perspective - Blog

A Damp Squibb

Published on 25 Nov 2013.

The recent case of Squibb Group Ltd v (1) London Pleasure Gardens (2) London Borough of Newham [2013] EWHC 3275 (TCC) demonstrates that contractors cannot rely on funders to pay outstanding fees where an employer runs into financial difficulty.

Perspective - Blog

It shouldn't be a hard sell. Getting your head around the known knowns and the known unknowns

Published on 06 Nov 2013.

Although Don Rumsfeld wasn’t talking about the sale of property when he talked about knowns, he makes an important point about knowledge. Picture the scene.

Perspective - Blog

Pledging to use Alternative Dispute Resolution ("ADR")

Published on 30 Oct 2013.

On November 12th, signatories of The International Institute for Conflict Prevention & Resolution (CPR)'s new 21st Century Pledge will be announced.

Perspective - Blog

Is sunlight a nuisance?

Published on 08 Oct 2013. By Jonathan Carrington, Senior Associate

Reports that sunlight reflecting from the unusually shaped "Walkie Talkie" building at 20 Fenchurch Street in London has melted parts of a Jaguar motor-vehicle parked on Eastcheap Street raises an interesting question whether reflected sunlight or heat from a building is actionable in law.

Perspective - Blog

Procurement Policy Note on EU Directives

Published on 23 Aug 2013.

The Cabinet Office has issued a Procurement Policy Note (“PPN”) which summarises the main outcomes of the new EU Directives relating to public procurement, utilities procurement and service concessions. The PPN also outlines the next steps in finalising and implementing the Directives.

Perspective - Blog

HELP TO BUY: BOOM OR BUST?

Published on 22 Aug 2013.

The Help to Buy initiative forms part of the Government's Funding for Lending scheme.

Perspective - Blog

SDLT group relief anti-avoidance – good news from HMRC

Published on 14 Aug 2013. By Ben Roberts, Partner

Last week saw some (much needed) good news on the topic of SDLT avoidance, that should clarify HMRC's approach to the common commercial practice of transferring a property intra-group, following the acquisition of a property-owning company (PropCo).

Perspective - Blog

SDLT avoidance - HMRC victorious regardless of taxpayer 'motive'

Published on 26 Jul 2013. By Ben Roberts, Partner

HMRC has scored a resounding victory in the first case[1] to consider in any detail the wide-ranging SDLT anti-avoidance provision (section 75A of Finance Act 2003).

Perspective - Blog

Insurers as lenders: what borrowers need to know

Published on 12 Jul 2013.

Insurers are the new show in town The make-up of providers of debt secured against UK real estate has changed dramatically.

Perspective - Blog

When the levee breaks

Published on 20 Jun 2013.

Whilst the stalled talks between ABI and Government have recently re-started, in less than 8 weeks a substantial number of properties may suffer significant loss of capital value if their owners are no longer be able to obtain flood risk insurance.

Perspective - Blog

Growth and Infrastructure Act 2013

Published on 05 Jun 2013.

The Growth and Infrastructure Act 2013 (the Act) was given Royal Assent on 25 April 2013.

Perspective - Blog

Outsourcing Health & Safety – a step too far?

Published on 22 May 2013.

Michael Scott & Danielle Lodge question the wisdom of outsourcing health and safety responsibilities

Perspective - Blog

Adjudicator's Fees

Published on 20 May 2013.

The Court of Appeal has confirmed that an Adjudicator is not entitled to any of his fees in circumstances where his decision is unenforceable.

Perspective - Blog

Property Rental Business Transfers and Leases – Reclaiming VAT and SDLT

Published on 17 Apr 2013. By Ben Roberts, Partner

Last November, following the decision in the case of Robinson Family Limited, HMRC announced that a transfer of a property rental business can qualify as a "transfer of a going concern" (TOGC) – and therefore not attract VAT – even if the transferor retains a reversionary interest in the property.

Perspective - Blog

What are the potential risks associated with BIM?

Published on 14 Mar 2013.

This is the second of three blogs about Building Information Models, or BIM. This blog will consider the potential risks associated with BIM, but don't worry we provide some practical advice on how these risks can be tackled in our final BIM blog.

Perspective - Blog

Rights to Light Reform: Law Commission Consultation

Published on 20 Feb 2013.

On 18 February 2013 the Law Commission announced that it was beginning a consultation process regarding possible changes to the law governing "rights to light".

Perspective - Blog

The End of the British High Street?

Published on 31 Jan 2013.

2012 was a hard year for the retail sector but 2013 is shaping up to be an even tougher year for High Streets in the UK.

Perspective - Blog

Will Planning Performance perform?

Published on 13 Dec 2012.

On 22 November 2012, the Department for Communities and Local Government (DCLG) published a consultation entitled 'Planning performance and the planning guarantee' setting out, amongst other things, how the Growth and Infrastructure Bill's proposals to enable planning applications to be made directly to the Planning Inspectorate (PINS) would operate.

Perspective - Blog

Rights of Light

Published on 23 Oct 2012.

Rights of light are an easement and are commonly acquired simply by a neighbour having enjoyed the light over a neighbouring building owner’s land for a period of 20 years without interruption.

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Perspective - Publication

The Role of AI in Disputes

Published on 03 Jun 2024. By Daniel Hemming, Partner and Olivia Dhein, Knowledge Lawyer and Ricky Cella, Senior Associate

While lawyers have had various forms of AI available to them for years, it is generative AI and the development of large language models (LLMs) which is likely to represent a fundamental shift for dispute resolution. This technology now offers language capabilities that have never been seen before, and is likely to transform the way lawyers conduct proceedings.

Perspective - Publication

The Week That Was – 28 June 2024

Published on 28 Jun 2024. By Alan Stone, Partner and Ben Goodier, Partner and Alexandra Anderson, Partner and Tom Green, Partner and Katharine Cusack, Partner and Zoe Eastell, Partner and Felicity Strong, Partner and Peter Mansfield, Partner and Arash Rajai, Partner and Cecilia Everett, Partner and Sarah O'Callaghan, Senior Associate

Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.

Perspective - Publication

The Week That Was – 21 June 2024

Published on 21 Jun 2024. By Alan Stone, Partner and Ben Goodier, Partner and Alexandra Anderson, Partner and Tom Green, Partner and Katharine Cusack, Partner and Zoe Eastell, Partner and Felicity Strong, Partner and Peter Mansfield, Partner and Arash Rajai, Partner and Cecilia Everett, Partner and Sarah O'Callaghan, Senior Associate

Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.