Associated Development meaning

Funder’s primary objective When a buyer takes property subject to overage and seeks finance secured on that asset, a funder will require assurance that the overage provisions do not obstruct or curtail enforcement of its security. The lender must be confident its charge constitutes sound security over the property. Property and associated rights Assess the character of the site to be charged. Where it forms part of a broader development, consider whether, on a power of sale being exercised, the property will depend on rights over adjoining land held (or to be acquired) by the buyer, such as: rights of way rights concerning service media rights of support If such rights are necessary, agree a form of deed of easement to be annexed to the charge, and allow the funder to require grant of that easement when needed. Also examine whether the seller’s chosen mechanism for securing the overage is acceptable to a funder...

This Checklist This Checklist outlines which provisions in a lease and other relevant associated documentation should be carefully examined to ascertain whether a right of light subsists. A right of light is an easement granting a landowner the entitlement to receive natural light through an opening in a building on its land. The owner of the land encumbered by that right (the 'servient Building') must not impede or disturb it without first obtaining consent. For any proposed development, it is therefore essential to identify neighbouring properties that could be enjoying a right of light (the 'dominant Building'). For further information on rights of light, see the following Practice Notes: Establishing and maintaining rights of light Rights of light—obstruction notices Rights of light claims Rights of light—insurance for developers Section 2 of the Prescription Act 1832 (PA 1832) requires actual enjoyment of light, meaning that those with less than a freehold interest can acquire a right of light in their own...

FORTHCOMING CHANGES : There are several proposed reforms to the leasehold and enfranchisement framework-see Practice Note: Property key future developments tracker for further details. This Checklist outlines what a tenant must consider and the actions required, with associated timetables and cut-off dates, to collectively buy the freehold of qualifying premises under the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993). It covers service of a section 13 notice of claim; review of a landlord’s section 21 counter-notice admitting or denying the claim and/or resisting it on redevelopment grounds (together with steps where the landlord fails to serve one); and the limits for applying to the First-tier Tribunal (FTT) (or, in Wales, the Leasehold Valuation Tribunal (LVT)) to settle terms if not agreed and/or to the County Court where the contract is not completed within the statutory period after terms are agreed or determined. It also highlights steps required if a landlord fails to serve a counter-notice and the key timetable risks involved. Guidance...

The FTT decision As noted in a previous Insight, the proprietor of Vista Tower ('Grey') applied for an RCO against the building’s original developer and 95 additional parties who met the definition of ‘associated persons’ due to shared directors during 2017 to 2022. The owner requested an order requiring the respondents to cover both historic and forthcoming costs to rectify fire safety defects, estimated at over £20m. The FTT granted that relief, on a joint and several liability basis, against 75 respondents. The appeal Certain respondents appealed on these grounds: whether the Tribunal can make RCOs rendering multiple respondents jointly and severally liable for the same overall sum, or whether it must make individual orders against each respondent for a specifically identified amount. whether the Tribunal misdirected itself on the “just and equitable” test, given that for many respondents there was no demonstration that they participated in the relevant development or obtained remuneration from it, and that the Tribunal improperly required respondents to...

In this issue: Research and development Medical devices Disputes and regulatory enforcement Competition in life sciences Pharmaceuticals—regulatory framework Daily and weekly news alerts Dates for your diary Trackers Useful information Research and development Council of EU approves EU AI Act The Council of the EU has signed off the EU AI Act. Once endorsed by the presidents of the Council and the European Parliament, the law will appear in the Official Journal of the EU and take effect 20 days later. Most rules will start to apply two years after entry into force, with certain provisions operating on a different timetable. See: LNB News 21/05/2024 9. DSIT publishes international scientific report on advanced AI safety The Department for Science, Innovation and Technology (DSIT) has issued the interim International Scientific Report on the Safety of Advanced Artificial Intelligence (AI), commissioned at the Bletchey Park AI Safety Summit in November 2023. Bringing together a...

Brexit headlines Defra sets out scope of legislative alignment under UK-EU SPS Agreement The Department for Environment, Food & Rural Affairs (Defra) has outlined the EU legislation it considers to sit within the scope of the proposed UK‑EU Sanitary and Phytosanitary (SPS) Agreement. The statement confirms the government’s intention to seek legislative alignment with EU rules, including dynamic alignment, to lessen administrative burdens and reduce costs associated with agrifood trade. It indicates that, in most cases, alignment is anticipated to substitute for, rather than add to, current domestic requirements, despite the limited divergence since EU exit. Defra also signals that the referenced EU measures, together with related implementing and delegated acts, presently set the expected boundaries of the agreement’s scope, and that further updates and detailed guidance for businesses will be issued following the conclusion of negotiations...

This Practice Note outlines the meaning of information and communication technology (ICT), how organisations can gain from integrating it, and the potential risks tied to its use. It also offers practical guidance on how to formulate, draft and implement a strategic ICT plan. For guidance on the use of artificial intelligence (AI), see subtopic: Artificial intelligence compliance. What is ICT? Information and communication technology (ICT) is an umbrella term for all technical means used to manage information and support communication. It spans tools such as computer and network hardware and software, satellite systems and mobile phones, together with the many services and applications linked to them. Many regard the significance of ICT not as the technology itself but as its ability to expand access to information and communication. Benefits of ICT With tighter budgets and growing economic and environmental pressures, organisations may find they need to invest in and deploy ICT to streamline processes and enhance efficiency. Implementing ICT can be crucial to an organisation’s economic...

Trend towards environmental, social governance or sustainability reporting The phrases sustainable business, corporate responsibility (CR), corporate social responsibility (CSR) and environmental, social, governance (ESG) are used across business and legal settings. Broadly, they describe organisations embedding responsible conduct into everyday operations. CSR has traditionally focused on accountability, yet its outcomes were difficult to quantify. That is shifting under the ESG lens, where impacts are increasingly measurable—and therefore simpler to disclose—with CSR often viewed as a forerunner to ESG. Growing numbers of companies recognise that mere legal compliance may no longer suffice to guard against legal, regulatory or reputational exposure; aligning with voluntary standards and reporting frameworks can help mitigate these risks. The drive for transparency and accountability through corporate governance and sustainability disclosures has reignited attention on the ‘triple bottom line’—environmental, social and economic effects. Although sustainability, CR and CSR lack a single, settled definition, voluntary reports are frequently structured around three core pillars—ESG. In essence, ESG reporting assesses a company’s sustainability and ethical performance...

Double tax treaties (DTTs) Double tax treaties (DTTs) are founded on the idea that members of a multinational group are charged tax as if they were independent, dealing with one another at arm’s length. To apply the separate entity concept correctly, DTTs allow jurisdictions to amend a group company’s profits so that any outcomes arising from particular conditions or relationships are removed for tax purposes. This is referred to as the ‘arm’s length principle’. Under Article 9 of the Organisation for Economic Co-Operation and Development (OECD) model tax convention (OECD MTC) and the UN model tax convention (UN MTC), contracting states may recalibrate the taxable income of ‘associated enterprises’ when their transactions are not conducted on arm’s length terms. The 2025 revised commentary to Article 9 of the OECD MTC makes clear that, when adjusting an associated enterprise’s taxable profits, a tax authority ought to apply the OECD’s Transfer Pricing Guidelines for Multinational Enterprises and Tax Administrations (2022) (OECD TPG), which set out comprehensive guidance on the arm’s length...

L&D costs Costs associated with Source of cost £ In-house courses delivered by employees Trainers’ time to plan sessions Trainers’ time to deliver Trainers’ time for post-course review In-house courses delivered by external providers (face-to-face on-site or virtual) Delivery charges Preparation costs Travel and subsistence Post-course evaluation and feedback Courses held off-site Venue hire Day delegate rates (refreshments and meals included) Equipment hire (data projectors, flipcharts, etc.) Delegates’ travel Presenters’ travel Accommodation Parking Employee costs Employees’ time attending the course Employees’ time completing any pre-course work Material costs Workbooks and handouts Stationery and other consumables Training aids, games or equipment ...

date [ date ] Parties [ name of (first) Seller ] [ and [ name of second Seller ] both ] [ of OR incorporated in England and Wales (company registration number [ number ]) whose registered office is at ] [ address ] [ and whose address for service in England and Wales is [ address ] ] (Seller) [ name of Buyer ] [ of OR incorporated in England and Wales (company registration number [ number ]) whose registered office is at ] [ address ] [ and whose address for service in England and Wales is [ address ] ] (Buyer) 1 Definitions For this Agreement, the terms below are to be understood as follows: Buyer’s Solicitors — [ name ] of [ address ] (reference [ details ]) or any other solicitors the Buyer notifies to the Seller; Competent Authority — any of: (a) a local authority, government department, or any body...

This Agreement is entered into on [ insert date ] 20[ insert year ] Parties [ Insert name of first shareholder ], a company incorporated in England and Wales under number [ insert company number ], whose registered office is at [ insert address ] ( [ A ] ) [ Insert name of second shareholder ], a company incorporated in England and Wales under number [ insert company number ], whose registered office is at [ insert address ] ( [ B ] ) [ Insert name of the company in which the shares are held ], a company incorporated in England and Wales under number [ insert company number ], whose registered office is at [ insert address ] (the Company) BACKGROUND (A) As at the date of this Agreement, the Company has in issue ordinary shares of £[ insert nominal value ] each, one ordinary share having been issued fully paid and registered in the name of...