Recent case highlights importance of addressing TVG risks early in a transaction.
Latest legal updates
As the country gears up for the forthcoming elections, along with death and taxes, it seems certain that local authorities will once again become an easy target for government cuts.
Welcome to the February edition of Building Interest.
Cash flow is the life blood of every business. If you cannot settle your debts as they fall due you are very likely in financial distress and may be technically insolvent.
The regulator has no power without further legislation to directly restrict the ability of RPs to take out particular forms of finance.
The trigger for collective redundancy consultation - "20 or more redundancies within 90 days or less" - trips easily off the tongue for anyone who works within employee relations. However, turn to the additional factor – at "one establishment" - and the certainty starts to fall away.
The introduction of the changes to the Regulatory Framework by the Homes and Communities Agency on 1 April 2015 will require RPs to have a comprehensive register of their assets and liabilities (Register).
To provide a tailored housing solution which meets the needs of each individual community, as the recent Elphicke-House report encourages local authorities to do, every local authority will have to look very carefully at the funding options available to them.
Research has shown that the value of contracts signed by councils for outsourcing services plummeted last year as councils look at different ways of outsourcing. Helen Randall looks at the implications for local authorities.
What is the potential of Building Information Modelling for social landlords?
Councils and developers are united in opposing the recently introduced policy.
The value of contracts signed by councils for outsourced IT and back-office services plummeted by more than £250m last year, according to research.
The European Union’s procurement regime has elicited mostly grumbles from social landlords since the sector came under its aegis in 2004.
Landlords must consider the financial impact on leaseholders when seeking to charge for non-vital improvement works to their homes, an upper tribunal has ruled.
On 12 February 2015, the Infrastructure Act came into force with the aim of making building in Britain easier, quicker and simpler.
Ever since Kraft's controversial takeover of Cadbury in 2010, the powers of the Takeover Panel to protect UK companies from overseas bidders have been in the spotlight. Kraft's reneging on its promise to keep Cadbury's Somerdale factory open raised questions as to how bidders can be held to account for pledges they make about a target's business. The debate about a Government public interest test for takeovers was reignited but ultimately it was left to the Takeover Panel to try to redress the balance of power in favour of target companies. A raft of amendments was introduced to the Takeover Code rulebook, but did the changes go far enough?
A recent Court of Appeal case provides useful guidance on the law concerning a public body's duty to consult, especially in the "Age of Austerity".
The run up to the general election will be dominated by the parties' proposals for reducing the budget deficit and funding public. services. Part of that debate will include competing explanations for one of the mysteries of the current economic recovery - the UK's rising GDP and falling unemployment has not increased tax receipts by as much as anticipated, leaving a bigger than expected hole in public
Welcome to the winter edition of Housing Litigation Update.
One of the first cases on the new payment provisions in the Construction Act underlines the importance of issuing payment and pay-less notices
A European procurement case published in 2014 has whipped away the fig leaf that Voluntary Transparency Notices potentially provided to contracting authorities worried about their contracts being declared ineffective. In this article, first published in the Procurement and Outsourcing Journal, Rebecca Rees and Lucy Doran explore the Fastweb Case (C-19/13) and explore the repercussions for contracting authorities.
A rush to meet demand in an industry with a skills shortage could have fatal consequences if workers aren’t trained properly
The government has recently released its response to a consultation on the new EU Procurement Directive which came into force on 17 April 2014. The consultation related to the Public Contracts Regulations 2015 which implement the Directive, and which, for the most part, come into force on 26 February 2015.
The final version of the long awaited Public Contracts Regulations 2015 was published yesterday and will take effect on 26 February 2015.
An independent review has called on local authorities to become "housing delivery enablers"
A number of local authority pension funds have rejected calls for them to take on a ‘3% challenge’ to invest in housing projects in their area.
The cyber attack on Sony Pictures in November, in which its servers were breached and an enormous amount of private content was downloaded and publically disseminated, has been regarded by many as the biggest security breach in recent history. In the financial services industry, it was reported that JP Morgan was recently subject to a cyber attack in which 76 million customer accounts were hacked and, in a separate incident, almost US$45 million was stolen from two banks in the Middle East.
Fewer organisations could register as housing associations in future due to stricter new rules around registration, lawyers have warned.
The run up to the general election will be dominated by the parties' proposals for reducing the budget deficit and funding public services. Part of that debate will include competing explanations for one of the mysteries of the current economic recovery - the UK's rising GDP and falling unemployment has not increased tax receipts by as much as anticipated, leaving a bigger than expected hole in public finances.
If a client has not stated a requirement for the use of BIM, the increasing weight of opinion suggests it should nevertheless be recommended.
Michael O’Reilly, head of international construction, outlines his predictions for 2015
The Homes and Communities Agency (HCA) has published the outcome of its consultation on changes to the regulatory framework that comes into effect from 1 April 2015.
The Elphicke-House report, published this week, represents arguably the most important Government commissioned report into the role of local authorities in housing supply in a generation.
Councils should be put at the heart of providing more homes across all tenures in their local area
Welcome to the winter edition of Quarterly Housing Update.
What powers and responsibilities do local authorities have to ensure sufficient school places? With a growing population and the introduction of academies and free schools, Helen Randall considers the legal position of local authorities.
Welcome to the Winter 2014/15 edition of Quarterly Commercial Update.
The Department for Communities and Local Government consultation on legislative reform to give local authorities greater flexibility in forming a combined authority or economic prosperity board closed on 26 January 2015.
Regulations came into force on 18 December 2014 applying to residential and commercial premises.
Local authorities are set to finally turn a government policy shift in 2012 into a housebuilding surge in 2015 that could be lucrative for contractors.