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Many documents must be prepared and signed off with the project team on the majority of construction schemes. This table serves as a practical tool to monitor those documents throughout the full programme and effectively support reporting back to the client...
Carbon Budget Plan judicial review succeeds (R (Friends of the Earth and others) v Secretary of State for Energy Security & Net Zero) Friends of the Earth, Clientearth, and the Good Law Project v Secretary of State for Energy Security and Net Zero [2024] EWHC 995 (Admin) What are the practical implications of this case? This ruling carries weighty consequences for government, most immediately for the Department of Net Zero and Energy Security. The political fallout is notable. Ministers have confirmed no appeal will be pursued and have promised to place a legally robust report before Parliament within 12 months. That exercise will unfold amid pronounced external, and likely sceptical, scrutiny. It is foreseeable that the same groups who overturned the 2021 Net Zero Strategy and, in 2023, the CBDP, will monitor the process closely. All this will occur as a general election intervenes. Timelines are tight, expectations clear, and accountability will be watched with care by many. In practical terms for the Department, the sixth carbon...
Summary The Pensions Ombudsman (PO) upheld a complaint, concluding that a professional trustee shared partial liability with the SSAS’s member trustee for a concentrated, high‑risk property investment taken on behalf of the Scheme. The professional trustee’s investment obligations were not limited by the scheme documents, and proceeding without advice and without diversification, in the circumstances, amounted to a breach of pension legislation. Nonetheless, the PO decided the member trustee bore 20% contributory responsibility for the loss suffered. The determination confirms that professional trustees are held to a stricter benchmark than lay trustees in comparable situations. What were the facts? Mr N was the only member of a small self‑administered scheme (the Scheme), set up after unregulated advice, via a transfer of £90,535. He acted as a trustee with Rowanmoor Trustees Limited (RTL), a professional trustee. Mr N signed an application and a property development schedule showing an intention to invest £62,500 in a hotel project. RTL wrote to Mr N...
In recent years, most sectors have felt the effects of innovation and emerging technology. Much of this progress is driven by the aim to lower costs and enhance efficiency. So far, disruption within the debt capital markets has been limited, chiefly due to significant entry barriers such as capital requirements and regulatory scrutiny. This is changing, however, as these markets begin to adopt new technologies... What is fintech? There is no single agreed definition of ‘fintech’, but the term is commonly used to capture technology-enabled innovation within financial services. cryptocurrencies/cryptoassets (eg bitcoin) blockchain or distributed ledger technology (DLT) artificial intelligence (AI) and machine learning (ML) crowd funding platforms ‘telematics-based’ insurance (eg where data is collected to monitor driving) mobile banking Why is fintech being explored for the debt capital markets? Technological innovation is increasingly touching the debt capital markets for several key reasons. These include: a drive for cost efficiency regulatory reasons...
This Practice Note considers the principal participants in real estate finance where property is being developed. It does not address the lender or other finance parties (see Practice Note: The finance parties) Borrower The borrower will commonly be acquiring the site for development, or may already own it. In construction documentation, the borrower is typically identified as the employer, client or developer SPV or trading entity? In real estate finance, the borrower is often a special purpose vehicle (SPV), also referred to as a special purpose company (SPC). The borrower entity is created or bought ‘off the shelf’ solely for the proposed deal (ie acquiring, holding, developing and operating the property). Where an SPV is used, the borrower’s activities—and therefore its assets and liabilities—are confined to matters linked to that transaction...
When funding any development or construction scheme, the lender (or funder) and its advisers will adopt a range of measures to safeguard the lender’s position. These protections are designed to ensure that, at the very least, the lender can recover the monies advanced if the borrower (or developer) becomes insolvent or the project encounters difficulties. A principal document in any development financing is the contract between the lender and the borrower (the ‘facility agreement’), which sets out detailed provisions specific to the development. For guidance on the key construction matters that should be addressed in facility agreements, see Practice Note: Facility agreements—construction provisions. Another significant element of a development financing is the lender’s lawyers reviewing the construction documentation prepared by the borrower and its lawyers to confirm that it is correctly drafted and affords suitable rights to the borrower and any relevant third parties, should they need to bring proceedings against any member of the construction or professional team...
The BIM Manager shall: General responsibilities Plan and steer BIM implementation for the Project Guide the Project Team to BIM maturity required by PAS 1192-2:2013 Chair BIM launch, modelling and review meetings; log conflicts and co‑ordination issues Track BIM process adoption and deliver, log and refine training Working with the Project Team Liaise and co‑operate with Employer, Contractor, design team and others appointed Assess consultants’ and suppliers’ BIM capability; engage with each party’s BIM lead Help Contractor and designers embed BIM in management and delivery Answer team BIM queries, promote best practice and set up efficient BIM-enabled processes BIM Execution Plan Initiate, lead and agree the BEP; keep it current Implement the BIM Protocol; align methods with the Plan Ensure adherence to all Plan protocols Common Data Environment Federate models in the CDE for review and manage the process ...