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What are the key issues property lawyers should consider in real estate finance transactions when acting for a funder? Understanding the deal’s nature and objective is crucial—above all, establish whether it is an investment facility or a development facility, as this will govern the principal matters to address. See further Practice Notes: Introduction to real estate finance—the lending structure, Real estate finance—development facilities—key features and Real estate finance—investment facilities—key features. Due diligence and investigating title At times a funder may instruct its solicitor to carry out first-hand due diligence; in that case, see Practice Notes: Property due diligence in corporate transactions, Reporting to a lender in an investment real estate finance transaction and Real estate in corporate transactions—overview. More typically, the funder will rely on a London Law Society (CLLS) certificate of title (Certificate) prepared by the borrower’s solicitor and reviewed by the funder’s own solicitor. See Practice Note: Guide to drafting or reviewing a certificate of title. Adverse effect on value When undertaking due...
This checklist helps practitioners grasp and consistently apply the FCA’s Consumer Duty requirements for evidencing fair value effectively. It should be considered alongside other relevant practical Consumer Duty materials and references: for information on the main elements of the Consumer Duty with general application, see Practice Note: The FCA Consumer Duty—essentials; also for a suite of sectoral guidance and checklists see: Consumer protection and FCA Consumer Duty—overview for key developments relating to the FCA’s Consumer Duty, see: The FCA Consumer Duty—timeline Background Under the Consumer Duty, four outcomes cover the central and key aspects of the firm–customer relationship. The second outcome is the Price and Value Outcome, which is concerned with an overarching obligation that products must deliver ‘fair value’ to customers. Under PRIN 2A.4: value is the relationship between the amount paid by a retail customer for the product and the benefits they can reasonably expect to receive from the product; and a product provides fair value...
Practical implications This judgment: offers a clear and carefully set out account (with hypothetical examples) of the difference between how damages are assessed in contract and in tort underlines the importance of ensuring that suitable and necessary valuation evidence is put before the court for determination. Although the absence of such evidence did not prevent the court from arriving at a damages figure payable for breach of warranty, the task would have been more straightforward had that material been placed before the court, and it is ordinarily sensible to make sure it is hints at the potential value, in claims of this type, of pleading both damages for breach of warranty and, where the facts allow, an alternative tort claim for misrepresentation (especially if fraudulent). In this matter, however, it was the contractual warranty claim that enabled Mr Karim to recover What was the breach of warranty claim? Mr Wemyss sold his business (a law practice) to Mr Karim under...
On 2 August 2024, the PPF announced that Kodak Alaris had been reorganised under its ownership and was now ‘performing well’. The consideration for the transaction was not revealed. The PPF added, ‘this is standard practice for pension scheme assets we take on, and, after a thorough process, we are pleased to have secured a good outcome for all parties’...
High Court defence In its High Court defence, the insurer maintains it does not owe AerCap Ireland Ltd for the value of 141 aircraft and 29 engines leased to Russian airlines and now marooned in the country. Swiss Re International SE has joined peers AIG Europe SA and Lloyd’s Insurance Co. SA in asserting it bears no liability because AerCap could, in time, recover the aircraft and parts from the country. They argue their policies respond only to a total physical loss of the planes. Possible retrieval would, they say, fall outside that scope. Another insurer, Fidelis Insurance Ireland DAC, entered the proceedings as a defendant in January 2023. Swiss Re also used its defence, filed on 13 March 2023 and since made public, to set out its position clearly and mark a firm boundary: it would be liable solely to the extent of its cover—amounting to 9.5% of the insurance package collectively provided by the companies—if the court finds that it is liable. ‘If, which is denied for...
Family business culture Given the relatively high expense of sourcing and appointing senior staff, holding on to the right people with the right expertise is vital for any firm, and even more so for a family-run enterprise where hiring can be tougher than for rivals. Working in a family company brings upsides; research points to greater loyalty, satisfaction, flexibility and security. Yet drawbacks can appear, such as ambiguity, perceived unfairness, muddled accountability and family politics. The task is to bring in senior leaders who align with the culture and to ensure they are incentivised to remain and help grow the business. Therefore, a family business must shape recruitment and induction so they reflect its distinctive culture and complexity. Not every senior executive will thrive in a family setting, and cultural alignment may, in the end, matter as much as formal credentials. This must be weighed against the need to attract high-calibre people and keep them engaged for the long haul. Practical measures available to family firms include supporting new...
Public M&A deals 2018—UK––Market Standards Trend Report [Archived] ARCHIVED: This content was published in 2019 and is not maintained. The Market Standards trend report delivers in-depth analysis of the 42 firm and 49 possible offer announcements for companies governed by the Takeover Code in 2018. It shares insight on public M&A patterns and what we might anticipate in 2019 and thereafter. What does the Market Standards trend report cover? deal structures value and volume of deals hostile takeover activity industry focus public-to-private transactions UK and overseas bidder activity post-offer undertakings disclosure of bidder’s intentions legal and regulatory developments The report also examines high-profile transactions, including Melrose’s hostile offer for GKN and the competing...
PI & Clinical negligence horizon scanner—July 2025 [Archived] ARCHIVED: This Practice Note is archived and is not maintained. It summarises the principal legal developments relevant to personal injury and clinical negligence practitioners as at July 2025. For developments predating this horizon scanner, see PI and Clinical Negligence horizon scanning and key cases—overview. Key PI and clinical negligence developments The personal injury discount rate—a review In late 2024, the Lord Chancellor, Shabana Mahmood MP, revealed the outcome of her five‑month review of the discount rate, initiated in July 2024. One month after the new +0.5% discount rate took effect, Thea Wilson (barrister at 12 King’s Bench Walk) assesses its impact on cases, the responses from claimant and defendant representatives, and the consequences of the change for legal practitioners. See News Analysis: The personal injury discount rate—a review. MoJ announces reduction in CFO’s interest rates The Ministry of Justice (MoJ) has announced lower interest rates for the Courts Funds Office’s (CFO) special and basic accounts...
A: Gut feel Comments or observations Instinctive income forecast B: Trends Data Year Fee income £ % uplift on prior year Indicators that the % change is not part of the wider trend [ 2025 ] [ 2024 ] [ 2023 ] [ 2022 ] [ 2021 ] Conclusions Comments or observations Trend analysis fee income prediction C: Capacity No. of fee earners Expected chargeable hours per fee earner Average hourly rate Expected gross income % of recorded time billed in previous years Capacity income prediction D: WIP (work in progress) levels Data Value of WIP at year end [ 2024 ] Value of WIP at year end [ 2025 ] Number of open files at year end [ 2024 ] Number of open files at year...
Raw data required Total number of full-time fee earners – [ Insert number ] Total number of part-time fee earners – [ Insert number ] Total number of days per week worked by part-time fee earners – [ Insert number ] Total chargeable hours – [ Insert number ] Hourly rates being charged – £[ Insert figures ] Value of WIP billed – £[ Insert figure ] Billings – £[ Insert figure ] Calculating the variables Please click for an Excel version of this variable calculation sheet and an illustrative worked example. Number of fee earners as FTEs — Formula: Full-time fee earners plus pro rata part-time fee earners; Calculation: [ Insert details ]; Result: [ Insert result ] Average annual chargeable hours per fee earner — Formula: Firm’s total chargeable hours ÷ number of fee earners; Calculation: [ Insert details ]; Result: [ Insert result ] Average hourly rate — Formula:...
This [ Agreement OR DEED ] is entered into on [ insert day and month ] 20[ insert year ] Parties [ insert name of buyer ] [ of [ insert address ] OR trading as [ insert trading name ] of [ insert address ] OR a firm with its principal place of business at [ insert address of firm ] OR [ an LLP OR a company ] incorporated in [ insert place of incorporation, eg England and Wales ] with registered number [ insert registered number ] whose registered office is at [ insert address ] ] (the Buyer); and [ insert name of seller ] [ of [ insert address ] OR trading as [ insert trading name ] of [ insert address ] OR a firm with its principal place of business at [ insert address of firm ] OR [ an LLP OR a company ] incorporated in [ insert place of incorporation, eg England and Wales ] with...