News, articles & legal updates

Latest news and legal updates

Social Housing Newsletter

Autumn 2021 Welcome to the Autumn edition our Social Housing Newsletter. We’re delighted to announce that Maria Greener, Partner has joined our Bristol Construction team and Natalie Kidd, Solicitor has joined our Manchester Housing Management team. On 18 October 2021 the Government reaffirmed its commitment to reforming the law regarding leaseholds,...

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Maternity Safety: Mind the Gap 2021

In 2015 Baby Lifeline sent out a Freedom of Information request to all Trusts to obtain a better understanding of the training that was being provided in maternity services throughout the UK in an effort to improve outcomes. In October 2016 they published their first “Mind the Gap” report setting...

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Beware the poison pen (or email)

The Employment Appeal Tribunal (EAT) has given us a stark reminder that the utmost care should be taken when choosing the content and format of your communications relating to your workforce. During the standard course of Tribunal proceedings, parties must disclose to each other all and every document, email, text...

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Our latest Lexcel report: what our people said

We always look forward to our full Lexcel assessment, which takes place every three years, and this year was no exception. Receiving independent, objective and comprehensive feedback is a much-welcomed opportunity for us to take stock as a firm. It helps us deepen our understanding of where we are most...

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Google ruling is good for public sector, businesses and non-profits

The UK Supreme Court ruling rejecting a claim against Google is good news for businesses, public bodies such as schools and non-profit organisations facing heavy-handed claims for nominal data breaches. Google rightly suffered multi-million dollar administrative penalties and fines as a result of its having secretly tracked the internet activity...

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Amazing entries for Clarke Willmott’s Road Safety Superheroes Competition

This week has been Road Safety Week, an annual event co-ordinated by Brake – the road safety charity which highlights road safety issues and campaigns to reduce the number of injuries and deaths that occur on our roads. The Personal Injury team at Clarke Willmott wholeheartedly support Road Safety Week...

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Pandemic, construction materials shortage and the JCT: What can you do?

The UK construction industry is in the middle of a materials procurement and shortage crisis, with key building materials like timber, cement and steel becoming much more expensive and difficult to source. This is understandably causing pricing issues and severe delays on many projects. The question of whether it is...

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Property securitisation: five current issues

1. Mortgagee exclusion clauses Mortgagee exclusion clauses in S106 Agreements which do not conform to the funder’s requirements continue to affect housing charging by restricting value to Existing Use Value – Social Housing (EUV-SH). It’s critical to understand this as early as possible into a charging exercise to ensure you...

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What you need to know about the new shared ownership lease

Following the government’s recent technical consultation, Homes England have released a new model shared ownership house and flat lease for homes in England (other than London) funded under the Affordable Homes Programme 2021-2026. They have also taken the opportunity to refresh the old model lease (2016-21 SOAHP) with, in their...

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Social housing legal issues – Autumn 2021

Below we outline some of the most common issues where clients have recently asked for our help. If these areas are of concern for you too, then please do get in touch. Construction Some clients have had applications to the Building Safety Fund (BSF) rejected, for example for the Waking...

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In the spotlight: Rob Ridd

As part of our Autumn 2021 Social Housing Newsletter we get to know Corporate Partner, Rob Ridd. Name: Rob Ridd Job Title: Partner Area of expertise: Corporate law Has worked at Clarke Willmott for: 11 years What kind of things can you help your clients with? On the general corporate...

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Data: a new direction consultation overview

The Government’s recent consultation on reforms to the UK’s data protection regime closed on 19 November 2021. The consultation is a step towards the Government delivering on the National data strategy to secure a pro-growth and trusted regime. The Government’s focus on this notion is made even more evident by...

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Commercial rent debts

New proposals for ring fenced debts Late on 9 November the Government published the Commercial Rent (Coronavirus) Bill 2021 to implement the binding arbitration scheme announced on 18 June. The scheme is intended to resolve commercial rent debts which arose as a result of the coronavirus pandemic. The Bill is...

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Road Safety Week starts – raising awareness and reducing injuries and deaths on our roads

Today marks the start of Road Safety Week – an annual event co-ordinated by Brake – the road safety charity to raise awareness of road safety issues and to be an integral part of seeking to reduce the number of serious injuries and deaths on our roads. Clarke Willmott will...

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Superheroes in Road Safety Week

Road Safety Week is taking place between 15th and 21st November. The annual event promoted by Brake – the road safety charity is this year focusing on road safety superheroes and they will be celebrating the heroic work of road safety professionals and explaining how we can all play a...

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How to manage the costs of your family law matter

Five ways to keep legal costs down If your family law dispute must be taken to court, your solicitor might advise that the pathway of litigation is unclear. Ultimately, the matter will be resolved at the discretion of the court and this is true for many types of matters, including...

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Developer De-brief

Autumn 2021 edition Welcome to our autumn edition of Developer de-brief. It remains a very busy time for our Real Estate Development team. Our developer clients continue to build and push forward with their schemes despite the challenges faced including material shortages and rising costs. It is an interesting time...

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Applying to discharge restrictive covenants

A guide to practical benefits of substantial value or advantage As there is a shortage of land for development, developers are increasingly looking to develop land which may be considered less suitable, for instance land which is subject to a restrictive covenant prohibiting development. One option for the developer is...

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Lift and shift: can you flex your easements?

A question faced by landowners who wish to develop their property, or those seeking to buy property for development, is what to do when that property is subject to existing rights and easements e.g. service easements or access rights which benefit other land and those rights and easements would prevent...

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Decline of department stores means more space for mixed use

Simone Protheroe, an associate in our construction team, looks at how the changing face of the high street could be good news for increasingly popular mixed use developments, and what this will mean for the communities surrounding them. The vibrancy of the high street has declined over a number of...

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