This week we have an informative comparison piece that measures UK restructuring plans against the approach to corporate restructurings in other European countries.
In addition, our View from the Bar column offers an expert reminder on the scope of litigation privilege and legal professional privilege.
Other topics covered include the application of the Proceeds of Crime Act 2002 in the real estate sphere, tightening energy compliance requirements, and the classic topic of easements.
Legal news
FEC loses case over Canary Wharf development
Hong Kong developer ordered to pay £2m for breaking NDA
Judge approves Fitness First restructuring deal
The ruling paves the way for the gym chain to close some premises and pay landlords lower rents
Legal features
Forum shopping for restructuring
Buvini Kularatne addresses why it is wise to consider international options when looking at corporate restructuring
Rent as proceeds of crime
Gillian Palmer and Robert Patterson-Walters on why landlords should pay attention to a case over a planning enforcement breach
View from the bar: Know what is out of bounds
Guy Fetherstonhaugh KC and Toby Boncey explain the scope of litigation privilege and legal professional privilege
A change in direction for energy compliance
Real estate is stepping up to the challenge of ever-more detailed energy compliance requirements, writes Debbie Aston
Back to basics: Easements – what they are and how they are created?
Oskar Musial begins a two-part explainer series on easements
Legal note: The notorious complexity of construction all risks insurance
A ruling changes Stuart Pemble’s understanding of the law applicable to construction all risks insurance
Practice points
Interest on judgment debts limited to six years from crystallisation of liability
Deutsche Bank AG v Sebastian Holdings Inc and another
Breach of fiduciary duty – can the claimant trace into property acquired with ill-gotten gains?
Lapome Ltd v Kemp and another
Service charges: outcomes of a landlord’s management decision engages FTT’s section 27A jurisdiction
Fairleigh and others v St George South London Ltd and others
Licensing: scope of FTT’s jurisdiction on appeal
Waltham Forest London Borough Council v Hussain and others
Common land: High Court only has powers to determine what the register comprises
Rushmer and others v Central Bedfordshire Council
Adverse possession – FTT decision irrational and unfair
Rowlands and another v Bishop and another
Case coverage
Case summary: Lapome Ltd v Kemp and another
Practice and procedure – Claim – Strike out
Law report: Secretary of State for Levelling Up, Housing and Communities v Smith and another
Town and country planning – Appeal – Procedure
Legislation tracker
The Building Safety (Responsible Actors Scheme and Prohibitions) Regulations 2023 establish the Responsible Actors Scheme and the prohibitions under the Building Safety Act 2022. They identify certain developers who are eligible to become members of the scheme, and, as a condition of membership, require such developers to enter into and comply with a contract with the Secretary of State for Levelling Up, Housing and Communities under which they are to, among other things, remediate relevant residential buildings for which they are responsible at their own expense and reimburse to the government amounts paid out by government remediation funds to remediate buildings for which they are responsible.
The Retained EU Law (Revocation and Reform) Act 2023 revokes certain retained EU law; makes provision relating to the interpretation of retained EU law and to its relationship with other law; makes provision relating to powers to modify retained EU law; enables the restatement, replacement or updating of certain retained EU law; and makes provision for connected purposes.
The Non-Domestic Rating Bill underwent line by line examination at the House of Lords on 3 July. Report stage is yet to be scheduled.
For more legal articles and to search our extensive archive, visit EG Legal
To send feedback, e-mail jess.harrold@eg.co.uk or tweet @EGPropertyNews
