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Legal Developments in the The UK Legal 500 2017

Parking rights: here to stay? Consent might be the surprising answer 


December 2013 - Real Estate & Property. Legal Developments by Falcon Chambers.

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In the field of the acquisition of easements by prescription, little has caused more consternation over the last decade or so than the question of whether a right to park cars can be acquired by twenty years user as of right. The types of property capable of being adversely affected range from individual residential units all the way up to major development sites. The establishment of such a right can have a devastating impact on the value of the burdened land.


Service charges: recovering overpayments from the landlord

October 2013 - Real Estate & Property. Legal Developments by Falcon Chambers.

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What happens if a tenant pays more by way of service charge to its landlord than it was contractually obliged to pay? Common sense would seem to dictate that the tenant is entitled to be reimbursed the overpayment. However, as this article explains, the answer is not always that straightforward. 


Renewing a business lease: a step-by-step practical guide

Falcon Chambers currently authors Real Estate section of The In-House Lawyer magazine. For more information and articles from this author click here.

In light of the reforms to the Civil Procedure Rules (CPR) which came into force on 1 April 2013, and, in many cases, commercial pressures, in-house lawyers may have to reconsider how to resolve small to medium-sized disputes. The key points are highlighted in the context of a typical lease renewal pursuant to the Landlord and Tenant Act 1954 (the Act) in the following guide. 
 

Paying for environmental incidents

Burges Salmon LLP currently authors the Environment and Energy section of The In-House Lawyer magazine. For more information and articles from this author click here

The Sentencing Council (the Council), an independent body that develops sentencing guidelines for the English courts, has just closed a consultation on proposals for new guidelines (the Guidelines) for the sentencing of environmental offences. There is no doubt that the Guidelines set out in the consultation, even if only partially implemented, will materially increase the level of fines for companies, businesses and individuals who breach environmental laws. This article examines the Guidelines and focuses on corporate penalties rather than individual offenders, although directors and officers of companies should be mindful that they can be liable for the same penalties as a company if it can be shown that the offence was committed with their consent, connivance or neglect.
 

Industrial heat use and the Heat Strategy

Burges Salmon LLP currently authors the Environment and Energy section of The In-House Lawyer magazine. For more information and articles from this author click here

   The issues of efficient heat and reducing emissions from the generation of heat are rapidly moving up the political agenda. Industry needs to watch these developments closely and be prepared. Six industry sectors, including chemicals, oil refining, food and drink, basic metals, pulp and paper and non-metallic minerals (including ceramics, cement and glass) are singled out as target sectors by the government’s heat strategy, The Future of Heating: Meeting the Challenge (the Heat Strategy) published in March 2013, but other industry sectors should also be concerned.

 

Getting the breaks

Falcon Chambers currently authors Real Estate section of The In-House Lawyer magazine. For more information and articles from this author click here.

In the context of any company restructuring or reorganisation, the presence of a break clause in one of the company’s leases is a valuable thing indeed. This will enable the tenant to move out of unwanted or over rented space. At the very least, if the premises are over rented, the presence of a break clause will give the tenant a negotiating platform to seek a variation of the existing lease.


International shipment of waste: transporters beware

Burges Salmon LLP currently authors the Environment and Energy section of The In-House Lawyer magazine. For more information and articles from this author click here

As European society has grown wealthier, it has created more and more resource management challenges and opportunities. Each year in the EU alone we produce three billion tonnes of waste – some 90 million tonnes of it hazardous. This amounts to about six tonnes of solid waste for every man, woman and child1. The processing of waste is a Europe-wide issue with the Waste Framework Directive (WFD)2 providing the overarching legislative framework for the collection, transport, recovery and disposal of waste across 
the EU in a way that does not have a negative impact on the environment 
or on human health.


Climate change: 
the top five trends 
to watch

Burges Salmon LLP currently authors the Environment and Energy section of The In-House Lawyer magazine. For more information and articles from this author click here

While countries are struggling to reach an agreement on appropriate emissions reduction targets, from a corporate risk and compliance perspective the issues businesses face related to climate change are substantial. The impacts of increased sea levels, extreme weather events like heatwaves, heavy precipitation, droughts and wildfires reach companies in all corners of the world, impacting supply chains, disrupting commodity prices and creating exposure to both costly regulatory changes and political risk. Governments all over the globe are grappling with climate change issues differently and there are layers of regional and international actions being taken. 


Endeavouring to avoid dispute

March 2013 - Real Estate & Property. Legal Developments by Falcon Chambers.

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Falcon Chambers currently authors Real Estate section of The In-House Lawyer magazine. For more information and articles from this author click here.

Commercial parties regularly contract to use ‘reasonable', ‘all reasonable', or ‘best' endeavours to achieve an outcome. Are they wise to do so? What better language could they use?
 

Knowledge is power: the tension between commercially sensitive material and access to environmental

Burges Salmon LLP currently authors the Environment and Energy section of The In-House Lawyer magazine. For more information and articles from this author click here.

It is accepted wisdom that, in the field of the environment, improved access to information and public participation in decision making enhances the quality and the implementation of decisions, contributes to public awareness of environmental issues and gives the public the opportunity to express its concerns and take part in the debate. That wisdom is enshrined in the Aarhus Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters1 to which both the EU and the UK are signatories.


An analysis of electricity market reform: the future for low-carbon energy

February 2013 - Real Estate & Property. Legal Developments by Burges Salmon LLP.

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Burges Salmon LLP currently authors the Environment and Energy section of The In-House Lawyer magazine. For more information and articles from this author click here.

The revised Energy Bill was published on 29 November 2012 after extensive consultation following publication of the government's electricity market reform (EMR) proposals in December 2010. The Bill will push through fundamental reforms to the UK electricity market that will affect the entire sector in one shape or form.


Shale gas: the 
energy saviour?

December 2012 - Real Estate & Property. Legal Developments by Burges Salmon LLP.

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Burges Salmon LLP currently authors the Environment and Energy section of The In-House Lawyer magazine. For more information and articles from this author click here.

Shale gas is a naturally occurring gas, consisting mainly of methane, that is found in thin layers of sedimentary rock known as shale. It is termed ‘unconventional' natural gas because it is found in shale, which is less permeable than rock in which natural gas has historically been found and, as such, additional procedures are required to extract the gas. The procedure by which shale gas is extracted is called hydraulic fracturing or ‘fracking' and involves the injection of a fluid mixture of water, sand or ceramic beads and chemicals into shale rock at high pressure to create fractures through which shale gas is forced into the well bore for collection. Some of the largest deposits are estimated to hold as much as 500 million cubic metres of gas reserves.
 

Offshore transmission: the enduring OFTO regime

November 2012 - Real Estate & Property. Legal Developments by Burges Salmon LLP.

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Burges Salmon LLP currently authors the Environment and Energy section of The In-House Lawyer magazine. For more information and articles from this author click here.

A new offshore transmission licensing regime (the regime) was introduced in 2009 that set out to radically change the way in which offshore transmission assets (ie those assets connecting offshore generating assets to the onshore electricity networks) were designed, built, funded and operated. Three years on, while many of the underlying mechanics of the regime remain broadly unchanged, there have been fundamental shifts in government policy that have led to huge practical changes in the regime's impact on developers and investors.

The green deal: legal and commercial issues

October 2012 - Real Estate & Property. Legal Developments by Burges Salmon LLP.

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Burges Salmon LLP currently authors the Environment and Energy section of The In-House Lawyer magazine. For more information and articles from this author click here.

This month is expected to see the launch of the coalition's flagship energy efficiency policy: the Green Deal. 


Site closure and decommissioning of industrial plants

September 2012 - Real Estate & Property. Legal Developments by Burges Salmon LLP.

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As the prolonged downturn in the Eurozone drags on, there continues to be a steady stream of site closures and rationalisation of manufacturing plants around the EU including in the UK. Many businesses are looking closely at their plants across the world for cost savings and some of those facilities will inevitably close.

The law of nuisance: the Court of Appeal revisits longstanding principles

Earlier this year, the Court of Appeal handed down two important judgments on the environmental impacts of commercial enterprises on their neighbours. The first case, Coventry (t/a RDC Promotions) & anor v Lawrence & ors [2012], concerned noise from a racing circuit and the second case, Barr & ors v Biffa Waste Services Ltd [2012], concerned odours from a landfill. 


Opposing lease renewal proceedings on the ground of redevelopment

Redevelopment is (alongside the ground of owner occupation) perhaps the most common of the bases upon which a landlord might seek to deny a tenant’s entitlement to a new lease of business premises. The following serve as some useful points to remember when a landlord seeks to rely upon the ground of redevelopment for denying a tenant a new lease of business premises.

An article on raising the roof -

an important change affecting many tenancies of residential property

Landlord & Tenant Briefing

Dilapidations in commercial premises – ten points to consider

Being a helpful Landlord may be a mistake!

Most landlords and their solicitors try to resist the impulse to be helpful, however, in these recessionary times when landlords are concerned to avoid empty space, there may be the temptation to take shortcuts to ensure a letting proceeds. In circumstances where it is intended that Part II of the Landlord and Tenant Act 1954 (the 1954 Act) should not apply to the tenancy, i.e. that the tenant should not have the benefit of security of tenure, then occupation before the lease has been finalised (and the appropriate ‘contracting-out’ steps taken) is a potentially dangerous step and needs to be taken only when the landlord has fully comprehended the potential consequences.

New regime for approval of major transport projects set to ‘switch on’

The Planning Act 2008 (the Act) introduces a new regime designed to speed up the planning and, in turn, the delivery of infrastructure projects of national significance. For transport projects, it is one of the most important pieces of legislation in recent years. The new procedure will have to be used for any third runway at Heathrow, amongst other high-profile projects.

Community Infrastructure Levy – Latest Developments

On 30 July 2009 the Government issued a consultation paper under the title ‘Detailed proposals on the draft regulations for the introduction of the Community Infrastructure Levy’ which included a set of draft regulations. The consultation closed on the 23 October 2009. The proposals flesh out the provisions made for the Community Infrastructure Levy (CIL) under Part 11 of the Planning Act 2008 (PA 2008) and the Government is consulting on the draft proposals prior to the regulations coming in to force on 6 April 2010. This article summarises the key proposals and some of the talking points raised by those proposals.

The commercial lease renewals – ten tips for landlords

Unlike other aspects of property work which are cyclical with or counter cyclical to the economic climate the renewal of business tenancies remains a constant for landlords, tenants and their professional advisers. From a landlord’s perspective it is important to be prepared in order to be in a position to secure the best commercial deal. The practical tips that follow are aimed at providing landlords with a head start to achieving this goal.

Implementing the new regime for national infrastructure projects under the Planning Act 2008

An article on the progress of the implementation of the new regime for national infrastructure projects under the Planning Act 2008

Access to justice: protective costs orders in planning challenges

July 2009 - Real Estate & Property. Legal Developments by CMS Group.

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Third parties and competing developers have no rights of appeal to the Secretary of State against planning decisions. Disappointed applicants can appeal to the Secretary of State and can have the merits of the application reconsidered. The only remedy available to a disappointed third party is a challenge by way of judicial review in the High Court on a point of law. The sense of frustration and disempowerment this creates has not been helped by the increasing complexity of the planning process and the use of consultation to legitimise decisions that many perceive may already have been taken.

Lease re-gearings and extensions: some issues to consider

June 2009 - Real Estate & Property. Legal Developments by CMS Group.

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As a result of the recession, lease re-gearings and extensions are becoming increasingly popular for landlords and tenants.