"an unashamedly client-facing law firm"
"most ambitious of the next generation of national firms"
 


Welcome to the June 2009 edition of our Real Estate & Construction Update.

With more than 100 lawyers working in our Real Estate and Construction sectors across the firm’s five regional centres in Birmingham, Bristol, London, Southampton and Taunton, we had a wealth of contributions to this legal update.

We chose to focus on the issues that will affect your business most in the short term.

If you would like to propose a topic for our next newsletter, please email the editor.

We look forward to hearing from you if we can help on any of the topics or related issues.

 

Best regards

Louise Brown Partner
Head of Real Estate and Construction
0845 209 1336
Louise.Brown@clarkewillmott.com


 


Bidding for public projects

In the present economic climate the public sector is a potentially vital (or even life saving) source of work, particularly as central government is increasing the level of funding available for public sector projects to counterbalance the downturn in the private sector...

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Is sustainable development affordable in a recession?

Sustainability has risen to the top of the agenda for just about everyone involved in commercial property in recent years but the question cropping up with increasing regularity is can we afford sustainable development in a downturn..?

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Renegotiation of planning obligations

In the current harsh economic climate, it is increasingly the case that the levels of contributions that are required under existing planning obligations (including requirements for affordable housing and off-site infrastructure...

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The complete package – social housing finance solution

The Complete Package has been designed by the social housing finance team to provide a solution to one of the most important issues affecting social landlords at the current time. The difficulties caused by the credit crunch...

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Contractor Insolvency

Steps to take to protect yourself against the threat. Needless to say financial due diligence is vital if you are using a contractor you have never worked with before. However, even with your regular contractors...

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Adverse possession – A squatter’s acknowledgement of the landowner's paper title can help the landowner if he acts swiftly.

As landowners are continually reminded, if you sleep on your rights you lose them. The recent House of Lords case, Ofulue v Bossert which upheld a decision by the Court of Appeal is the latest such reminder concerning adverse possession claims. The decision is relevant...

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Goodwill in trade related properties

New guidance recently issued by the Valuation Office Agency of HM Revenue and Customs (HMRC) will be of interest to anyone involved with the purchase of a business such as a pub, restaurant, hotel, cinema, care home, petrol station or similar...

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Drilling for (fuel) oil! Can a landlord do it?

Two recent cases, one on either side of the Border, have highlighted limits on the rights a landlord has under the clause that allows it to enter to inspect and survey the premises let to its tenant. The Scots case involved a landlord’s right of entry...

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Tenant concessions in hard times

In current economic conditions more tenants are at risk of becoming insolvent and fewer want new premises. Landlords have growing concerns about empty premises left by insolvent tenants, liability for business rates and the prospect of dealing with administrators...

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