07 Dec, 2023 A risky business: using without prejudice material in adjudication By Mark Lawrence Richard Alam Philip Kershaw Introduction The High Court’s recent decision in AZ v BY [2023] EWHC 2388 (TCC) concerns the use of material that is subject to without...
30 Nov, 2023 The evolution of core real estate By Macfarlanes One silver lining of lower transaction volumes and a slower capital raising environment is the opportunity to pause for thought and...
21 Nov, 2023 Lender security over rent accounts: navigating account bank requirements By Laura Bretherton Sophia Bell In real estate finance transactions, a borrower will usually be required to grant a charge over their bank accounts to the lender. One of...
20 Nov, 2023 AIFMD II - Final compromise text published By Gavin Haran Samuel Brooks Michael Sholem Shang-Hsuen Koh +1 more... Show less The “final text” of the amending directive (AIFMD II) on the amendment of Directive 2011/61/EU on alternative investment fund managers...
16 Nov, 2023 Operational real estate finance breakfast panel By Laura Bretherton On Wednesday 15 November, Macfarlanes hosted a breakfast panel discussion which focused on financing of operational real estate (OpRE). ...
09 Oct, 2023 Penalising default interest: a spotlight on the bridging loan market By Adam Caines Christian Anthony Rachael Preston Katherine Hensby +1 more... Show less Earlier this year, the High Court ruled that a clause in a loan agreement which imposed a default interest rate of 4% per month...
14 Sep, 2023 Time to Party (Wall)? By Mark Lawrence George Dew Simon Fraser The Court of Appeal, in the case of Power & Kyson v Shah [2023] EWCA Civ 239, has confirmed that the dispute resolution procedure set out...
06 Sep, 2023 Nutrient neutrality, we hardly knew ye By Henry Vane Before they tip their hard hats to the housing secretary, who last week announced plans to abolish unpopular nutrient neutrality (NN)...
18 Aug, 2023 Building Safety Act (BSA) – Government consultation response By Angus Dawson As the construction industry heads off on summer holiday, the Government has issued its long-awaited response to the consultation on the...
08 Aug, 2023 The conservation covenant era has begun! By Henry Vane On Thursday 27 July DEFRA opened the application process for responsible bodies (RB), the third parties who will be monitoring and...
02 Aug, 2023 The role of real estate in delivering food security - emerging operational sectors By Macfarlanes Factors such as COVID-19 and the Russian-Ukraine war have highlighted the importance of both domestic and international food supply...
01 Aug, 2023 Ombudsman’s special investigations – a sign of things to come for private residential developers? By Richard Alam Last week, the Housing Ombudsman, which deals with complaints regarding social housing landlords, published the outcome of its special...
20 Jul, 2023 Mixed-use success By Damiano Sogaro Stamp duty land tax (SDLT) is charged on land transactions in England. Higher rates apply where the property consists “entirely” of...
03 Apr, 2023 Building Safety Act - higher risk buildings registration to open By Angus Dawson 6 April sees a major milestone in the implementation of the Building Safety Act (the Act), with the window opening for the registration...
31 Mar, 2023 Naturemarket sweep By Henry Vane Amid the wave of government announcements to mark “Green Day”, the catchily named Nature Markets: A framework for scaling up private...
14 Feb, 2023 First out of the gate: what can we learn from the First Tier Tribunal’s first remediation contribution order? By Richard Alam The First Tier Tribunal (FTT) recently published its first decision on an application for a remediation contribution order, in the case...