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Thinking - Blog

Is the Green Deal a great deal?

Published on 29 Jan 2013.

There is no denying the Green Deal has many advantages but consider the deal in relation to short term leases and it may not be as great as it initially seems.

Thinking - Blog

NEC3 Engineering and Construction Contract "Guidance Notes": more important than you realise for interpreting the ECC

Published on 18 Jan 2013.

Certain terms of the NEC3 Engineering and Construction Contract ('ECC') are open to interpretation, and the recent case of E-Nik Ltd v Department for Communities & Local Government [2012] EWHC 3027 (Comm) has cast into doubt whether even something as routine as VAT is crystal-clear under the ECC.

Thinking - Blog

Development incentives – but at what cost?

Published on 14 Jan 2013.

In light of what is starting to appear to be a wholehearted failure to persuade local communities to meet requisite housing targets, Nick Boles last week proposed self-proclaimed "bungs" to local communities.

Thinking - Blog

Leaving customers without signal: the task of re-building the Telecoms Code

Published on 05 Dec 2012.

Now almost 30 years old, the Electronic Communications Code (the 'Code'), falls far short of representing the needs of a swiftly developing communications network.

Thinking - Blog

H&M: Brave New World?

Published on 27 Nov 2012.

We have all been involved in lease negotiations where there are differences of opinion as to what is or is not institutionally acceptable.

Thinking - Blog

End of the line for Village Greens?

Published on 14 Nov 2012.

Nothing can be more frustrating for a developer to see its scheme delayed or worse still derailed by an application for the registration of land as a town or village green ("TVG").

Profile

Saskia Mautner

Associate

Thinking - Blog

Architects' Code reforms – it's important that you have your say!

Published on 08 Oct 2024. By Alexandra Anderson, Partner and Emma Wherry, Senior Associate

The Architects Registration Board (ARB) is consulting on a proposed new code of professional conduct for architects. The proposed new Code is shorter and simpler, but may be more complex to apply and more onerous. Architects should consider responding to the consultation by the deadline of 12 December 2024.

Thinking - Publication

The Week That Was - 20 September 2024

Published on 20 Sep 2024. By Alan Stone, Partner and Ben Goodier, Partner and Alexandra Anderson, Partner and Tom Green, Partner and Katharine Cusack, Partner and Zoe Eastell, Partner and Felicity Strong, Partner and Peter Mansfield, Partner and Arash Rajai, Partner and Cecilia Everett, Partner and Sarah O'Callaghan, Senior Associate

Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.

Thinking - Publication

The Week That Was - 13 September 2024

Published on 13 Sep 2024. By Alan Stone, Partner and Ben Goodier, Partner and Alexandra Anderson, Partner and Tom Green, Partner and Katharine Cusack, Partner and Zoe Eastell, Partner and Felicity Strong, Partner and Peter Mansfield, Partner and Arash Rajai, Partner and Cecilia Everett, Partner and Sarah O'Callaghan, Senior Associate

Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.

Thinking - Publication

The Week That Was - 6 September 2024

Published on 06 Sep 2024. By Alan Stone, Partner and Ben Goodier, Partner and Alexandra Anderson, Partner and Tom Green, Partner and Katharine Cusack, Partner and Zoe Eastell, Partner and Felicity Strong, Partner and Peter Mansfield, Partner and Arash Rajai, Partner and Cecilia Everett, Partner and Sarah O'Callaghan, Senior Associate

Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.

Thinking - Publication

The Week That Was - 30 August 2024

Published on 30 Aug 2024. By Alan Stone, Partner and Ben Goodier, Partner and Alexandra Anderson, Partner and Tom Green, Partner and Katharine Cusack, Partner and Zoe Eastell, Partner and Felicity Strong, Partner and Peter Mansfield, Partner and Arash Rajai, Partner and Cecilia Everett, Partner and Sarah O'Callaghan, Senior Associate

Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.

Thinking - Publication

RICS disciplinary process: an overview for surveyors

Published on 27 Aug 2024. By Ben Goodier, Partner and Emma Wherry, Senior Associate and Sarah O'Callaghan, Senior Associate and Laura Sponti, Associate

Download our complete guide to the procedure involved in a disciplinary investigation against a chartered surveyor.

Thinking - Publication

The Week That Was - 23 August 2024

Published on 23 Aug 2024. By Alan Stone, Partner and Ben Goodier, Partner and Alexandra Anderson, Partner and Tom Green, Partner and Katharine Cusack, Partner and Zoe Eastell, Partner and Felicity Strong, Partner and Peter Mansfield, Partner and Arash Rajai, Partner and Cecilia Everett, Partner and Sarah O'Callaghan, Senior Associate

Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.

Thinking - Publication

The Week That Was - 16 August 2024

Published on 16 Aug 2024. By Alan Stone, Partner and Ben Goodier, Partner and Alexandra Anderson, Partner and Tom Green, Partner and Katharine Cusack, Partner and Zoe Eastell, Partner and Felicity Strong, Partner and Peter Mansfield, Partner and Arash Rajai, Partner and Cecilia Everett, Partner and Sarah O'Callaghan, Senior Associate

Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.

Thinking - Blog

Construction disciplinary trends analysis #3: fraud and dishonesty

Published on 12 Aug 2024. By Ben Goodier, Partner and Emma Wherry, Senior Associate and Aimee Talbot, Knowledge Lawyer

This article is the third instalment in our mini-series analysing trends in disciplinary decisions involving construction professionals, with insight from our specialist disciplinary team.

Thinking - Blog

Construction disciplinary trends analysis #2: engagement letters – worth more than the paper they're written on!

Published on 21 Feb 2024. By Ben Goodier, Partner and Emma Wherry, Senior Associate and Aimee Talbot, Knowledge Lawyer

This article is the second in our mini-series analysing trends in disciplinary decisions involving construction professionals, with insight from our specialist disciplinary team.

Thinking - Blog

Construction disciplinary trends analysis #1: continuing professional development

Published on 16 Oct 2023. By Ben Goodier, Partner and Emma Wherry, Senior Associate and Aimee Talbot, Knowledge Lawyer

This article is the first in our mini-series analysing trends in disciplinary decisions involving construction professionals, with insight from our specialist disciplinary team.

Thinking - Blog

Netflix files lawsuit over 'Unofficial Bridgerton Musical'

Published on 24 Aug 2022. By Ela Broderick-Basar, Associate

On 29 July, Netflix filed a lawsuit in the U.S. District Court in Washington D.C. against two TikTok stars, Abigail Barlow and Emily Bear, alleging that their Grammy-winning “The Unofficial Bridgerton Musical” project infringed the hit show's intellectual property rights.

Thinking - Blog

Stream on! CMA halts plans to investigate music streaming market

Published on 02 Aug 2022.

The UK's Competition & Markets Authority recently published its interim report on the music streaming market, prompting mixed responses from the music industry. Record labels, publishers and streaming providers appear generally pleased with the findings, but various artists, musicians, songwriters and managers say they believe it has underdelivered.

Thinking - Blog

Parliamentary Group urges UK government to help musicians and crew tour Europe more easily

Published on 21 Jul 2022.

The All-Parliamentary Group on Music (a cross-party group of more than 100 MPS and Peers) together with representatives from the music industry set out the urgent steps the Government needs to take to help UK musicians following Brexit.

Thinking - Blog

CMA ends its investigation into online console gaming subscription practices

Published on 14 Jun 2022. By Jonathan Greenway, Senior Associate and Joshua Charalambous, Partner

The UK Competition Markets Authority (CMA) has now closed its investigation into subscription practices in the online console gaming sector after key players Sony, Nintendo and Microsoft committed to making improvements to their contract terms with a view to better protecting customers.

Thinking - Blog

A "golden age" of television? - Government announces overhaul of broadcasting legislation

Published on 29 Apr 2022. By Nadia Tymkiw, Senior Associate

On 28 April the government published a white paper setting out its vision for the broadcasting sector. Plans include regulation for streaming services, changes to the public service broadcasting regime, and reform to broadcasting rights for major sporting events.

Thinking - Blog

Eurovision contestant and Rudimental come out on pop in copyright dispute

Published on 19 Aug 2021. By Jessica Pease, Associate

Coming out on pop: Rudimental's single Waiting All Night, composed by Eurovision 2021 contestant James Newman, was not the product of copying a song written in 2001 by a contestant on the Voice UK.

Thinking - Blog

(Sex) Pistols at dawn over Danny Boyle's new biopic series

Published on 19 Jul 2021. By Sophie Parkinson, Associate

Sex Pistols band members accuse frontman John Lydon of being No Fun and creating Anarchy for refusing to authorise licences for the use of the band's music in Danny Boyle's forthcoming TV series, Pistol.

Thinking - Blog

(Sex) Pistols at dawn over Danny Boyle's new biopic series

Published on 19 Jul 2021. By Sophie Parkinson, Associate

Sex Pistols band members accuse frontman John Lydon of being No Fun and creating Anarchy for refusing to authorise licences for the use of the band's music in Danny Boyle's forthcoming TV series, Pistol.

Thinking - Blog

Who gets to deliver my news? - Ofcom starts its consultation on changes to media ownership restrictions

Published on 30 Jun 2021. By Kiran Dhoot, Associate

Ofcom is looking to update old rules governing media ownership in the UK to reflect consumers increased access to news online and the fragmented use of traditional media, and the implications of reform could be far reaching.

Thinking - Blog

Streaming platforms to consolidate? "The stuff that dreams are made of"

Published on 10 Jun 2021. By Sophie Parkinson, Associate

Discovery and AT&T's WarnerMedia are merging to create a streaming behemoth named Warner Bros. Discovery, and Amazon is reportedly in talks to acquire Metro Goldwyn Mayer (MGM). Will this mark a trend in the consolidation of streaming platforms, and what are the implications?

Thinking - Blog

Court of Appeal upholds copyright infringement decision against digital radio aggregator

Published on 12 Apr 2021. By David Cran, Partner, Head of IP & Tech

The Court of Appeal has refused TuneIn's appeal of a 2019 judgment finding that it had infringed the copyright of Warner and Sony by linking to online radio stations.

Thinking - Blog

Court of Appeal upholds copyright infringement decision against digital radio aggregator

Published on 12 Apr 2021. By David Cran, Partner, Head of IP & Tech

The Court of Appeal has refused TuneIn's appeal of a 2019 judgment finding that it had infringed the copyright of Warner and Sony by linking to online radio stations.

Thinking - Blog

UK Courts find hidden voice in film authorship dispute

Published on 12 Feb 2021.

The Intellectual Property Enterprise Court (IPEC) has found that there was there was an additional joint author of the Florence Foster Jenkins screenplay – in a decision of significant relevance to the film industry.

Thinking - Blog

Reproduction of infringing content online: who's liable?

Published on 21 Jul 2020. By Ciara Cullen, Partner and Louise Morgan, Senior Associate

Keyword advertising, search engine optimisation and liability for infringement via online marketplaces: In recent years, there has been a plethora of cases concerning the various ways that trade marks may be infringed, through use on the internet.

Thinking - Blog

All change! No extension means major changes for IP rights holders from 1 January 2021

Published on 02 Jul 2020. By Ben Mark, Partner and Sarah Mountain, Partner

Under Article 132 of the Withdrawal Agreement, 30 June 2020 was the last day that the UK could have requested an extension to the Brexit transition period. The COVID-19 outbreak prompted many to speculate that a request would be made but the deadline passed, without event.

Thinking - Blog

Code of Conduct for Leasing of Retail Premises to take effect from 1 February 2024

Published on 11 Dec 2023. By Bonnie Wong, Of Counsel

Following from the passing of the Lease Agreements for Retail Premises Bill which mandates compliance with the Code of Conduct for Leasing of Retail Premises in Singapore ("Code") for qualifying leases of retail premises earlier this year, the Lease Agreements for Retail Premises Act ("Act') is expected to take effect from 1 February 2024.

Press and Media

Wilko becomes 'yet another casualty' of tough economic conditions facing UK retailers

Published on 10 Aug 2023. By Finella Fogarty, Partner, Head of Restructuring & Insolvency

'Perfect storm' of rising interest rates, increased energy bills, supply chain issues and squeezed customer spending is hitting retailers hard

Thinking - Blog

Property Digital Rights – A New Revenue Stream in a Digital World

Published on 13 Jul 2023. By Elizabeth Alibhai, Partner

Advances in technology are opening up exciting new frontiers for property owners and managers. Almost two billion people globally use augmented reality (AR) on their mobile phones and nearly 400 million engage in a virtual metaverse reality.

Thinking - Blog

Choppy waters ahead? The significance of Oceanfill

Published on 20 Mar 2023. By Elizabeth Alibhai, Partner and Paul Bagon, Partner and Will Beck, Of Counsel and Knowledge Lawyer

The economic outlook for the UK in 2023 remains uncertain, and more companies may need to restructure their businesses to ensure survival. This

Thinking - Blog

Register of Overseas Entities – one month since the deadline and thousands still face penalties from failure to register

Published on 06 Mar 2023. By Jon Ely, Partner and Brooke Reed, Associate

The Economic Crime (Transparency and Enforcement) Act 2022 ("the Act") enacted in March 2022 brought into force the register of overseas entities on 1 August 2022. Companies House holds and manages the new register which was introduced to provide greater transparency around UK land ownership. The transitional period ended on 31 January 2023, and as at 3 March 2023, 26,481 out of an estimated 32,440 have registered. Thousands of companies are still to register over a month on from the end of the transitional period, so we've turned our minds to consider the possible consequences of not registering, or delaying registering, as an overseas entity in accordance with the Act, including the potential for the Proceeds of Crime Act 2002 to apply.

Press and Media

RPC expands real estate practice with the hire of Partner, Jon Ely

Published on 17 Jan 2023. By Jon Ely, Partner

International law firm RPC announced today that commercial property lawyer Jon Ely has joined the firm in Bristol as a Partner in the real estate practice.

Thinking - Blog

Register of Overseas Entities – Register now to keep transactions running smoothly

Published on 07 Sep 2022.

The Economic Crime (Transparency and Enforcement) Act 2022 ("the Act") has been enacted as part of the Government's drive to increase transparency in the ownership of UK land. Companies and other legal entities governed by the law of a country or territory outside of the UK which own land in the UK satisfying certain requirements, or wish to own such land, must now register information with Companies House. A new Register of Overseas Entities ("the ROE") has been created and certain details of the registered overseas entities and their beneficial owners are available to the public.

Thinking - Blog

Business Rates – an unpopular tax imposed in unfortunate circumstances

Published on 06 Dec 2021. By Elizabeth Alibhai, Partner

It is almost trite to say that retailers have had a tricky time over the last 20 months. The combination of enforced closures, and more recent supply chain difficulties and staff shortages have left them reeling. On 1 July the business rates holiday ended and, although rates will be discounted by up to 2/3rds for smaller retailers until March 2022, most will come under increased pressures. It is unsurprising that many are calling for a complete overhaul of the business rates system.

Thinking - Blog

What about the arrears?

Published on 20 Aug 2021.

On 4 August 2021 the Government published a policy statement clarifying their announcement made on 16 June 2021 in relation to the extension of the forfeiture moratorium, the ringfencing of COVID-19 commercial rent debts and the introduction of a binding arbitration process. The Government has also published its own response to the views of over 500 respondents to the call for evidence.

Thinking - Blog

The Forfeiture Moratorium has been extended – But what about the arrears?

Published on 26 Jul 2021.

On 16 June 2021 the Government announced that it is drafting legislation to ringfence outstanding unpaid rent that has accrued during the pandemic in order to protect jobs and give businesses breathing space to recover.

Thinking - Blog

The risks of going large (again)

Published on 21 Jan 2021. By Katharine Cusack, Partner and Alexandra Anderson, Partner

In our July 2020 article , we looked at the case of Hart and Hart v Large, which concerned a survey undertaken by Mr Large for the Harts.

Thinking - Blog

The curse of COVID strikes again – implementation of the Home Survey Standard delayed

Published on 12 Jun 2020. By Alexandra Anderson, Partner and Lucy Cadwallader, Associate

As a result of the lockdown imposed in response to the COVID-19 pandemic, the new RICS Home Survey Standard, which was due to be implemented next month has now been delayed until December 2020. Whilst this will allow practitioners more time to become familiar with the new standard, it causes an unwelcome disruption to the introduction of a measure that should provide greater clarity for both surveyors and consumers of what is expected when commissioning and conducting a home survey.

Thinking - Blog

Top 10 for the 10s Claims against surveyors and valuers

Published on 20 May 2020. By Alexandra Anderson, Partner and Felicity Strong, Partner

The 2010s started with an influx of valuation claims, primarily involving lenders seeking to recoup losses suffered as a result of the financial crisis, loans being made to sub-prime borrowers and the declining property market.

Thinking - Blog

RICS Guidance and Key Developments for Surveyors: #2 Coronavirus, valuations and "material uncertainty"

Published on 12 May 2020. By Alexandra Anderson, Partner and Felicity Strong, Partner

The recent lockdown has posed a serious challenge to the UK housing market, with the present and future potential impact of COVID-19 on the market inviting comparisons to the post-2008 recession.

Thinking - Blog

Retailers: new government measures to provide further protection for tenants against aggressive rent collection.

Published on 27 Apr 2020.

When the Coronavirus Act 2020 (the "Act") received royal assent on 25 March 2020, commercial tenants across the country were afforded some relief.

Thinking - Blog

RICS Guidance and Key Developments for Surveyors: #1 Changes to the RICS Minimum Terms

Published on 27 Apr 2020. By Alexandra Anderson, Partner and Katharine Cusack, Partner

In this series of articles, we will be addressing a number of the key risks and challenges that face surveyors and valuers in the current climate.

Thinking - Publication

Architects and COVID-19 – Practical Advice on complying with your Professional Standards

Published on 08 Apr 2020.

Since the UK Government announced its lockdown as a result of the COVID-19 pandemic, many businesses have asked their employees to work remotely and that has affected many businesses where physical attendance of clients and sites is important. A recent RIBA survey reported that as many as 81% of architects are now working from home.