Real Estate Quarterly Winter 2015

Hogan Lovells quarterly newsletter on legal topics relevant to the UK real estate industry. This issue covers:

Law of unintended consequences

The regime for commercial rent arrears recovery has been in force for over a year but are the changes working? Mathew Ditchburn examines how landlords’ concerns have played out.

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The construction industry scheme: A wolf in sheep’s clothing?

Chris Hyde and Laura Oliver expose the hidden teeth of a seemingly straightforward scheme designed to collect tax on cash-in-hand work.

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Shale gas – will the new ‘fast track’ regime live up to expectations?

Claire Dutch and Harry Spurr consider whether the widespread and rapid deployment of hydraulic fracturing will become a reality.

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Supreme Court issues landmark judgment on penalty clauses

Businesses will now be more confident in providing for a pre-determined consequence for breach of contract, unless that consequence is wholly disproportionate.

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The unstoppable rise of court fees

With the cost of going to court set to rise again, Mathew Ditchburn warns that the property industry will feel the brunt.

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Breaking news: M&S loses break clause appeal

Tenants cannot recover any rent paid in advance when they exercise a break clause. This was the conclusion of the Supreme Court in the final chapter of the long running Marks and Spencer break clause
case. Mathew Ditchburn reports on the judgment.

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Autumn Statement 2015: Chancellor unveils ambitious housing plans

The government’s Autumn Statement included a range of measures designed to stimulate housing development.  Michael Gallimore and Claire Dutch set out the plans announced in relation to planning and examine their implications.

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Paul Tonkin considers how Light Obstruction Notices work in practice whilst Tim Reid and Rob Struckett investigate the tightening of regulations in relation to assured shorthold tenancies.

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Case update 

Eleanor Stark summarises recent case law.

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