We welcome you back after the festive break to our first Private Sector Development Club of the year. Join us on-demand for four high level presentations with a chance for you to ask questions to our experts.
This webinar took place on Tuesday 18 January 2022 and is now available on-demand.
We welcome you back after the festive break to our first Private Sector Development Club of the year. Join us on-demand for four high level presentations with a chance for you to ask questions to our experts.
The agenda and presentation topics for the webinar are:
Kassra is a senior associate development lawyer in our real estate department who specialises in property development and regeneration schemes, acting for both public and private sector clients.
kassra.powles@brownejacobson.com
+44 (0)115 908 4806
Ben Standing specialises in public, planning and environmental law for public and corporate sector bodies. Experienced in judicial review, planning, public sector pensions and contaminated land.
ben.standing@brownejacobson.com
+44 (0)115 976 6200
emma.taylor@brownejacobson.com
+44 (0)115 908 4810
On 2 November 2022, the Supreme Court handed down its judgment in the much awaiting case of Hillside Parks Ltd v Snowdonia National Park Authority [2022] UKSC 30. The Court’s judgment suggests that the long established practice of using drop-in applications is in fact much more restricted than previously thought. This judgment therefore has significant implications for both the developers and local planning authorities.
National law firm Browne Jacobson has advised long standing retail client, Wilko on the sale and leaseback of its Nottinghamshire distribution centre in Worksop to logistics specialist DHL for £48m.
Browne Jacobson has appointed Amy Chapman, the former Group Legal Director of global built environment experts Mace Group, as its first Non-Executive Director (NED) of its Construction & Real Estate sector strategy board.
Across the UK, homelessness is an urgent crisis, and one that is set to grow amid the rising cost of living. Local authorities are at the forefront of responding to this crisis, but with a lack of properties that are suitable for social housing across the UK, vulnerable individuals and families are often housed in temporary accommodation.
Investment zones have been introduced by the Conservative party to get the United Kingdom (UK) ‘working, building and growing’. They are to be designated sites which provide time-limited tax incentives, streamlined planning rules and wider support for local growth to encourage investment and accelerate the development of housing and infrastructure that the UK needs to drive economic growth. Processes and requirements that slow down development will be stripped back with the intention of attracting new investment.
In a judgment handed down yesterday the Supreme Court has affirmed that a so called “creditor duty” exists for directors such that in some circumstances company directors are required to act in accordance with, or to consider the interests of creditors. Those circumstances potentially arise when a company is insolvent or where there is a “probability” of an insolvency. We explore below the “trigger” for such a test to apply and its implications.
Since the beginning of the pandemic, landlords and tenants have experienced significant limitations in the way rent arrears could be pursued. We first saw the moratorium on the recovery of Covid related arrears, and more recently we’ve experienced the implementation of the Covid arrears arbitration scheme.
The Supreme Court has unanimously dismissed the BTI v Sequana appeal and reviewed the existence, content and engagement of the so-called ‘creditor duty’; being the point at which the interest of creditors is said to intrude upon the decision-making of directors of companies in financial distress.
The focus on the Levelling Up agenda and the availability of grant funding, means there are numerous important regeneration schemes actively being pursued across the country. With ever-escalating project and building costs, in many cases, applications that were made for grant funding were based on costs contingencies that have already been exceeded.
In an unreported case (Re Active Wear Limited (in Administration)), the High Court has ruled that an out-of-court administration appointment, instigated by a sole director of a company with unmodified model articles, was valid notwithstanding the earlier decision of Deputy Judge Farnhill (also in the High Court) in the case Hashmi v Lorimer-Wing (also known as Re Fore Fitness Investments Holdings Ltd) [2022] EWHC 191 (Ch) (02 February 2022).
Recent reports of flat roofs constructed using RAAC planks collapsing without warning prompted the SCOSS alert.
Conservation Covenants come into force on 30 September 2022. We look at the impact on landowners, developers and responsible bodies.
The Building Safety Act 2022 received Royal Assent on 28 April 2022 (“Act”). The government has described the reforms introduced by the Act as “the biggest changes to building safety regulation in a generation”. For once the hype is justified.
The climate emergency has reached a point where real and substantial damage is being caused to both the planet and society. There has been a shift from planning and theorising the most effective solutions, to a phase where practical, efficient, and sustainable solutions are required at speed.
As the Grenfell Inquiry continues, how have the Phase 1 recommendations changed the fire safety and building safety landscape?
On 4 May 2022, the Court of Appeal handed down judgment in the joint case of R (Elkundi and others) -v- Birmingham City Council and R (Imam) -v- London Borough of Croydon [2022] EWCA Civ 601.
This year’s Queen’s Speech has outlined several legislative changes and the overhauling of laws around levelling up, planning and economic crime that could affect conveyancers.
The Levelling-up and Regeneration Bill was introduced to Parliament on 11 May 2022. In this Bill, and in accordance with earlier reports, the government intends to replace section 106 agreements and the existing Community Infrastructure Levy (CIL) with a new Infrastructure Levy.
On 14 February 2022, Secretary of State of the Department for Levelling Up, Housing and Communities, Michael Gove, announced proposals designed to pressure building developers and materials manufacturers to fund the remediation of unsafe properties.
Improvement to the planning system has arrived in the form of new digital tools which will make it easier for the general public to have their say on shaping and regenerating their communities.
In March the government proposed a number of changes to the Building Safety Bill. The new amendments propose additional protection for leaseholders to prevent them from being charged for cladding work if they own up to three properties.
We welcome you back after the festive break to our first Private Sector Development Club of the year. Join us on-demand for four high level presentations with a chance for you to ask questions to our experts.
This article takes key areas of focus within the NHS Estate and presents our top tips for implementing estates aspects of your Green Plan successfully from a legal perspective.
A number of interesting developments have emerged from what was quite a run-of-the-mill insolvency application brought by a litigation funder assignee.
When CIGA came into force over a year ago it turned the insolvency world on its head. It introduced never-before-seen measures to help companies deal with the immediate impact of the coronavirus pandemic and to provide new corporate restructuring tools to try to help companies survive and prosper.
When the EU and UK introduced more rigorous financial regulation in the 2010s, they addressed potential risk at banks before turning to insurance. Rule changes following Brexit may occur in the opposite order as the UK is mulling ways to relax the prudential framework for insurers established by the Solvency II Directive.
The new Part A1 moratorium was introduced partly in response to the Covid-19 pandemic and its impact on businesses. The moratorium is not intended to be used to simply delay the inevitable insolvency of a company, but rather to allow breathing space for that company to restructure and/or achieve an effective rescue.
The Government is consulting on plans to modernise the country’s audit and corporate governance regime, building on the recommendations of three recent independent reviews with the goal of restoring business confidence by implementing reforms to improve the quality of corporate reporting.
From 26 March 2021 the Corporate Insolvency and Governance Act 2020 (Coronavirus) (Extension of the Relevant Period) Regulations 2021 will come into force with the effect of extending several of the temporary measures brought in by the Corporate Insolvency and Governance Act 2020 (CIGA).
This note provides a general overview of administration and what options are open to local authorities.
Catch up on our Private Sector Development Club on-demand video where we covered a variety of topics including managing construction projects during a global pandemic, tax and planning.
A creditor who has a genuine interest in the outcome of a case would be wise to find the time to register on the insolvency practitioners online portal.
From 1 December 2020, HMRC will once again benefit from preferred creditor status in the event of an insolvency. This means that, regardless of the date of any pre-existing security, HMRC will rank ahead of the general body of unsecured creditors and floating charge holders in respect of certain taxes (including VAT, PAYE and employee’s NIC but not Corporation Tax).
Two recent judgments demonstrate the risk that directors (of insolvent companies) face of being personally liable if appropriate records and procedures are not followed and if it cannot be shown that certain payments were in the interests of the company.
