Real Estate

Recent Articles

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  09/09/2024

  United Kingdom

  UK Tax Disputes Digest (Summer 2024)

  Welcome to the Summer 2024 edition of our UK Tax Disputes Digest: a high-level summary of key developments in contentious tax over the last few months for heads of tax, finance directors, general counsel and other in-house professionals.As with previous editions, we have seen a continued increase in HMRC activity across various areas. Both individual and corporate taxpayers would be well-advised to check their tax position as soon as possible to prepare for any potential HMRC investigation into their tax affairs.In this edition, we look at just a few of these developments, including the latest...

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  06/09/2024

  United Kingdom

  Grenfell Tower Inquiry Final Report: key findings and recommendations

  On Wednesday this week, the public inquiry into the Grenfell Tower disaster (the “Inquiry”) released its final report (the “Report”). The Inquiry finds a huge number of the entities involved in the Grenfell Tower refurbishment, including the construction parties, product manufacturers, accreditation bodies, and Government departments, failed adequately to ensure fire safety standards were upheld. The Report is particularly critical of the ACM manufacturer and the project architect.The Inquiry recommends wholescale updates to the regulation of the construction industry, including...

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  19/08/2024

  England and Wales

  The approach to non-compliance: Supreme Court unanimously rules that failure to serve a statutory notice on a landlord did not invalidate a right to manage claim

  SummaryThe Supreme Court has delivered its judgment in the second ever “leapfrog” appeal from the Upper Tribunal (Lands Chamber) in the case of A1 Properties (Sunderland) Ltd v Tudor Studios RTM Company Ltd [2024] UKSC 27. The Court dismissed the appeal and found that the failure to serve a claim notice on a landlord did not prevent the transfer of the right to manage under the Commonhold and Leasehold Reform Act 2002 (the “CLRA”).Importantly, the Supreme Court confirmed the appropriate approach in cases of statutory procedural non-compliance, where the statute is silent...

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  15/08/2024

  Türkiye

  Turkish parliament to vote on draft law to amend Consumer Protection Law and E-Commerce Law

  On 18 July 2024, a Draft Law aimed at amending the Consumer Protection Law and Certain Legislation was presented to the Turkish Grand National Assembly. This Draft Law proposes notable changes to Consumer Protection Law No.6502 and Law No. 6563 on Regulation of Electronic Commerce.I. Amendments to the Consumer Law(i) Consumer loan agreementsThe Draft Law stipulates that consumer loan agreements will be valid if concluded at a distance as an alternative to the traditional requirement that such agreements must be in writing to be valid. This provision aligns with Banking Law No. 5411, which regulates...

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  09/08/2024

  England and Wales

  Balancing Act: Tribunal favours operator certainty over landowner flexibility in new telecoms decision

  Following the release of the Vache Farm Upper Tribunal decision last week concerning renewal of a rural site, a First Tier Tribunal decision regarding a new rooftop site in Wimbledon has been released: Cornerstone Telecommunications Infrastructure Limited  v Chartered Institute for Personnel and Development (2024)  LC – 2024 -98. In this summary, we’ll refer to the parties as  “CTIL” and “CIPD”.Background and prior applicationsThe decision concerned CTIL’s application under paragraph 20 of the Electronic Communications Code (the “Code”)...

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  01/08/2024

  United Kingdom

  Significant Electronic Communications Code decision on terms of telecoms lease

  Summary  The Upper Tribunal has delivered a significant decision on the terms of a lease renewal of a greenfield telecommunications site under the Electronic Communications Code. In particular, in deciding the terms of a landlord’s break right the Tribunal determined that proof of the relevant intention to redevelop was required only at the time any dispute was heard by the Tribunal, and not when notice was given to terminate the lease. The Tribunal’s determination relating to the amount of rent under the lease is also significant since it is the latest in a line of decisions applying...

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