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PRACTICE NOTES
STOP PRESS: A significant restructuring of the UK listing regime came into effect on 29 July 2024, which included the removal of the premium and standard listing segments and the creation of a single listing category for equity shares in commercial companies. The commercial companies category is heavily disclosure-based and sits alongside other listing categories, such as the shell companies, secondary listing and closed ended investment fund categories. A new UK Listing Rules sourcebook came into force to implement the changes and the previous Listing Rules sourcebook was revoked. For further information, see Practice Note: Reform of the UK listing regime—fundamentals. This Practice Note reflects the listing regime as it was prior to 29 July 2024. B Buy out This is the purchase of a company or a controlling interest in a corporation’s shares. This often happens when a company’s existing managers wish to take control of the company. C Capital redemption reserve A non-distributable reserve into which amounts are paid following a redemption or share buyback in accordance with CA 2006, s 733. The company may
GLOSSARY
Democratic deficit is a critique on the EU decision making process for its lack of democratic legitimacy.
NEWS
Planning analysis: This judgment considers the tension between proposals seeking to reuse and repurpose buildings and those seeking to demolish and rebuild them and will be of relevance to those involved in regeneration projects which consider the two alternatives. Lang J in the High Court refused to grant permission for a judicial review challenging the grant of a consent for a scheme of demolition and rebuild. She held that there was no specific local policy which required consideration of embodied carbon and that the council had not erred in law or misled the planning committee. The second ground related to the consideration of alternatives during the application process, and the degree to which local authorities are required to outline the reasons for the decision in respect of this. The court held that the council was compliant with the EIA Regulations 2017 and its reasoning for granting planning permission for the proposed development was intelligible and adequate. Written by Elizabeth Dunn, partner, and Sarah Sutherland, practice development lawyer at Burges Salmon LLP.
NEWS
Construction analysis: The Scottish Court of Session, Outer House held that a contractor bore the risk of additional unknown asbestos discovered during the course of demolition works, under the terms of a contract based on the SBCC Standard Building Contract.
PRACTICE NOTES
This Practice Note looks at various factors that construction lawyers need to consider in relation to projects involving demolition works, including planning and Building Act 1984 (BA 1984) requirements, party wall issues, health and safety issues (including the application of the CDM Regulations) and waste from demolition. It also considers the nature and form of contract used to engage a contractor to undertake demolition works and looks at the appointment of the contractor and the types of surveys/studies that will typically be undertaken before the works begin. What does demolition involve? Demolition does not necessarily mean the complete removal of a building or structure—it can range from the ‘soft strip’ refurbishment of part of a building (eg removal of internal partitions or the strip out of M&E systems) through to the full demolition of the whole structure plus the removal and grubbing out of the foundations. It may be the first stage of a construction project to clear a site and build something new, it may be part of alterations to an existing building or the demolition
GLOSSARY
A general legacy with the quality attached to it that it must be discharged out of a specific fund.
NEWS
Demos has published a report examining public views on reducing work-related immigration. The report, commissioned by the House of Commons Home Affairs Committee and delivered in partnership with the House of Commons and King’s College London, is based on deliberative workshops involving 89 participants in North Tyneside, Leicester and Renfrewshire. It identifies 13 principles to guide the Committee’s scrutiny of government policy. It also considers trade-offs between limiting visas for highly skilled workers or lower-paid workers in shortage occupations, and between temporary work visas and routes to permanent residence.
NEWS
Demos has published a report arguing that the government should commission a national deliberative process to inform its proposed earned settlement reforms, warning that immigration policy risks further eroding public trust if concepts such as ‘contribution’ and ‘integration’ are not clearly grounded in public values. The report, Settling Up: A New Deal to Unlock Immigration Reform and Build Trust, recommends a citizens’ assembly on earned settlement and place-based deliberative pilots on integration and cohesion. Demos states that embedding structured public participation in immigration policymaking would help secure legitimacy, improve policy design and reduce polarisation. The report is published as the government consults on extending the standard route to settlement and introducing a more explicitly contribution-based system.
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. Demotion A secure tenancy can be demoted to a 12-month probationary tenancy if the tenant has engaged in housing related anti-social conduct or has used the property for unlawful purposes. If a demotion order is granted and the tenant remains in occupation then on a specified date the secure tenancy will end and a demoted tenancy will begin. The equivalent powers apply to registered providers of housing for assured tenants under the Housing Act 1988 (HA 1988). Conduct 'Housing related anti-social conduct' is conduct which: • is capable of causing nuisance or annoyance to another, and • which directly or indirectly relates to or affects the housing functions of the landlord Such conduct includes: • causing a nuisance to neighbours • vandalism and graffiti • noise ‘Use of property for unlawful purposes’ is conduct which consists of or involves using or threatening to use housing accommodation for an unlawful purpose. Statutory provisions for demotion The statutory provisions for demotion due to anti-social
GLOSSARY
The legal process through which a mutual company becomes a proprietary company with shareholders.
NEWS
Immigration analysis: The denial of income-related benefits to third country nationals caring for EU nationals has been found by the Supreme Court to be lawful. Matthew Evans, the director of the Advice on Individual Rights in Europe (AIRE) Centre, and Alice Welsh, a legal caseworker at the AIRE Centre, examine the court’s reasoning in R (on the application of HC) and consider the implications.
NEWS
Public Law analysis: In the case of Lipton v BA City Flyer Ltd, the Supreme Court gave guidance as to the interpretation of Regulation (EC) 261/2004 (almost universally (but not in the Supreme Court) known as ‘Denied Boarding Regulation’), and in doing so, set out a handy guide for practitioners on how to approach Eurolaw spanning the Brexit process. As such, the judgment is of interest not just to aviation specialists but to all practitioners grappling with law derived from the EC. Written by Sarah Prager KC, barrister at Deka Chambers.