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Perspective - Blog

The Housing White Paper: 5 ways to boost delivery

Published on 15 Feb 2017.

A round-up of five key themes in the Housing White Paper which aim to increase land available for housing and boost build-out rates.

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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.

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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).

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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?

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Perspective - Blog

The ins and outs of tall buildings

Published on 18 Nov 2016.

Whilst iconic design can be fabulous, RPC asks if we will see developers and architects put more thought into the needs of their occupiers and surrounding landowners, and less of a focus on headline-grabbing exterior designs.

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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.

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Perspective - Blog

Break Notice – All 4 one?

Published on 27 May 2016.

The recent Chancery Division case of Levett-Dunn & ors v NHS Property Services Ltd [2016] EWHC 943 (Ch) considers the validity of a break notice served on four landlords, all "care of" the same address.

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Perspective - Blog

"Innovative and sustainable" – Rio Ferdinand launches new redevelopment and regeneration model

Published on 23 Mar 2016.

Former England football captain and Manchester Utd Defender Rio Ferdinand presented his new charity, The Legacy Foundation, to delegates at MIPIM last week.

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Perspective - Blog

Global Real Estate Transactions to Hit $1tn by 2020

Published on 21 Mar 2016.

According to a new report released on 15 March by JLL, the global ageing population will drive real estate transaction volumes over $1tn (£704bn) globally by 2020, up from $700bn (£484bn) in 2015.

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Perspective - Blog

Urban Land Institute publishes Second Edition of acclaimed Build to Rent Guide

Published on 07 Mar 2016.

Last week the Urban Land Institute published a Second Edition of its acclaimed Build to Rent Guide - hailed by some in the market as a "Bible" for the PRS industry.

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Perspective - Blog

NEC must extend culture and spirit to lawyers to end curse of the Z Clause

Published on 11 Feb 2016.

In the NEC Users' Group Newsletter (No.75 November 2015), Rudi Klein – in his article, "Revisiting the curse of the Z clause" (page 2) – remarks that, "Unfortunately, through the 'loophole' of option Z, far too many NEC contracts are amended beyond recognition and fail to deliver as they should".

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Perspective - Blog

Housing shortage is a construction industry skills crisis

Published on 18 Jan 2016.

Headlines focus on the emotive issue of hard-working families being unable to afford their own homes, and the Government’s pledge to get Britain building.

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Perspective - Blog

Cavendish win on penalties: Supreme Court makes finger-tip save of ageing doctrine

Published on 06 Jan 2016.

The Supreme Court has provided long awaited clarification of the law on penalty clauses and liquidated damages, upholding the "penalty rule" but further limiting its utility in a commercial setting.

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Perspective - Blog

Titan v Colliers – the price of everything and value of nothing

Published on 30 Dec 2015.

The Court of Appeal recently overturned the High Court's judgment in the case of Titan v Colliers.

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Perspective - Blog

No returns for M&S following Supreme Court ruling

Published on 11 Dec 2015.

The Supreme Court has upheld the decision of the Court of Appeal in the case of Marks and Spencer plc (M&S) v BNP Paribas Securities Trust Company (Jersey) Ltd (BNPP).

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Perspective - Blog

Squatting: an own goal?

Published on 01 Dec 2015.

In October 2015, a Manchester hotel undergoing extensive refurbishment works was occupied by squatters and housing activists.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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?

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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).

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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).

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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.

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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.

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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.

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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

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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.

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