Insights & News

The new visa route for recognised or emerging leaders in architecture: what does this mean for the architectural sector?

13 December 2018

The Government has announced a new immigration category for overseas recognised or emerging leaders in architecture that has the potential to ease access to jobs in the UK. With Brexit looming on the horizon, this news will provide some much needed reassurance that the UK’s Architecture sector will still be able to attract the best global talent over the coming years. However the new measures are limited in their scope and are unlikely to plug the gap that will be left once freedom of movement for EU workers comes to an end.

Lewis Silkin appointed to Crown Commercial Service wider public sector legal services panel

06 December 2018

Lewis Silkin is delighted to announce its appointment to the Government’s Crown Commercial Service (CCS) Wider Public Sector Legal Services agreement (RM3788) to provide a full range of legal services to public bodies in the UK.

Permission to issue a warrant for possession is no longer required in rent arrears cases

27 September 2018

The Civil Procedure (Amendment No. 3) Rules 2018 (SI 2018/975) come into force from 1 October 2018 so that a writ or warrant for possession may be issued without the court’s permission where there has been non-compliance with an order suspending possession on payment of money.

The importance of gas safety

19 September 2018

On 6 April 2018, the Gas Safety (Installation and Use) Regulations 1998 were amended with the new regulations allowing ‘flexibility’ for landlords when carrying out annual gas safety inspections. It’s important to note that these amendments do not change or relax a landlord’s obligations to carry out an annual gas safety inspection. They simply allow for the annual inspection to be carried out within a two month period prior to the expiry of the existing certificate, whilst retaining the existing expiry date.

Construction Law Update – Fighting back against “Smash and Grab” Adjudications

21 May 2018

The case of Grove Developments Ltd v S&T (UK) Ltd (February 2018) is worthy of note, not least because it potentially provides employers with a quick means of reclaiming the loss suffered, following a “smash and grab” adjudication by starting its own adjudication on the true value.

Smart Cities and Renewable Energy

14 May 2018

In the time before smart cities, electricity by and large was generated by burning fossil fuels in relatively remote locations before being transmitted via high-voltage power lines to population centres.

From the pub to the court room

19 December 2017

It is not uncommon for commercial deals to be agreed with a handshake in an informal setting (often a bar, restaurant or other social venue). If agreed, parties usually then move the matter on to their lawyers to document the terms. But what if terms are never documented? How much reliance can be placed on commercial terms that are agreed orally?

New Welsh Land Transaction Tax

02 November 2017

From April 2018, Wales will have a new tax known as Land Transaction Tax (LTT), its own version of Stamp Duty Land Tax (SDLT). LTT mirrors much of the SDLT regime and many of the SDLT rules have been incorporated into the Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (businesses and tax practitioners have emphasised the need for consistency between SDLT and LTT), but there are differences which the Welsh Government say make the tax simpler and fairer, and improve its efficiency and effectiveness.

Unsafe property causes death, but still no claim allowed

02 November 2017

A man visits a friend at his flat, falls down the stairs of the building (which are unsafe) and is killed. You would expect his widow would be able to sue the owner of the building in respect of her loss wouldn’t you?

Smart Cities – what does this mean for the Property world?

26 October 2017

One of the trending topics in property circles at the moment is the rather confusing term ‘Smart Cities’. Whilst there is a great deal of buzz around the topic the main question is what exactly is a ‘Smart City’?

Autonomous Vehicles and the Built Environment

25 September 2017

Self-driving cars are on their way. The trailblazers (Tesla, Google, Uber) are conducting increasingly sophisticated tests in real-world conditions. The traditional car makers (General Motors, BMW) are acquiring start-ups or partnering with established tech companies to boost their capabilities. Ford recently promoted the head of its smart mobility unit to chief executive and aims to have a mass market fully autonomous car by 2021.

CDM 2015: Who is the Principal Designer?

01 August 2017

By now, everyone is familiar with The Construction (Design and Management) Regulations 2015 (“Regulations”). However, there still seems to be confusion as to who should fulfil the role of the Principal Designer (“PD”).

Rates debate - Re-development or disrepair?

07 July 2017

Business rates have been big news recently following the Government’s controversial revaluation which took effect from 1 April 2017. Against the backdrop of all this negativity, the Supreme Court decision of Newbigin (Valuation Officer) v S J & J Monk [2017] at least provided some positive news for those carrying out developments or refurbishments of property.

Tenants still can’t assign to their guarantors

07 July 2017

There are often very good reasons why a lease would be assigned to a guarantor (e.g. corporate restructuring or the tenant’s insolvency). However, a case in 2016 - EMI Group Ltd v O & H Q1 Ltd - decided that such an assignment would be void at law, even if all parties agreed to it.

Seller/Landlord beware! You need to take care with replies to preliminary enquiries

07 July 2017

As part of any commercial property transaction a seller/landlord will usually be required to provide to the prospective buyer/tenant replies to a set of pre-contract enquiries (known as “preliminary enquiries”) – typically using the standard form Commercial Property Standard Enquiries (CPSEs) .

Ignore Japanese knotweed at your peril!

07 July 2017

Japanese knotweed is an invasive non-native species and is problematic because it can cause physical damage to land and buildings, particularly through spreading roots. During the summer months, it can grow up to 10 centimetres a day and roots can extend to a depth of three metres and up to seven metres laterally. The presence of knotweed can have a significant and detrimental effect on the marketability and insurability of property and may also adversely affect value.

Proposed disclosure rules for non-UK entities owning property or bidding for Government contracts

12 April 2017

The UK Government proposes new rules requiring non-UK entities that already own, or intend to acquire, UK real estate, or that wish to bid for UK central Government contracts, to be required to disclose information about the beneficial owners of the entity.

Beware of copyright when considering existing planning permission

02 March 2017

The recent judgment in Signature Realty Ltd v Fortis Developments Ltd & Anor is an excellent example of the application of copyright in a planning and building context.

Estate agent unable to claim his fee on successful property sale

17 February 2017

The Court of Appeal has decided that it cannot imply contractual terms where there is no contract in the first place. In this case, it would not imply a term to enable an estate agent to recover his commission on a sale.

New Court form for Warrant Requests following suspended possession orders

21 December 2016

The Court Service has released a new Request to Issue a Warrant for Possession form which is to be used where a possession order has been suspended on terms requiring the payment of rent and arrears.