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PRACTICE NOTES
Various documentation issues need to be considered in real estate finance transactions that involve hedging to ensure that the facility documentation and hedging documentation are aligned. Also, it is important to consider certain intercreditor issues such as where the hedging counterparty ranks in terms of the security package and who can make key decisions under the facility agreement and how that impacts on the hedging counterparty. Why is hedging used in real estate finance? Real estate finance structures and hedging In a real estate finance structure, the borrower will typically be a special purpose vehicle (SPV) set up for the purpose of owning a property or portfolio of properties. It will usually have no revenue streams other than the rental income from the property. For more information, see Practice Note: Introduction to real estate finance-the lending structure—Structure of a typical real estate finance investment transaction. From both the borrower's (investment modelling) and the lender's (credit control) perspective, the financing transaction is predicated on
GLOSSARY
Arises when gains and losses on an effective hedging arrangement, such as an swap'>interest rate swap or forward currency contract, are permitted by the relevant financial reporting framework to be shown outside profit or loss.
PRACTICE NOTES
CASE HUB (appeals against Commission's decision to refer transaction to phase II lodged in Case T- 902/16 HeidelbergCement v Commission and Case T- 907/16 Schwenk Zement v Commission. Appeal against Commission's decision to prohibit the merger also lodged in Case T- 380/17 HeidelbergCement and Schwenk Zement v Commission) ARCHIVED–this archived case hub reflects the position at the date of the decision of 5 April 2017; it is no longer maintained. See further, timeline, commentary and related cases. Case facts Outline European Commission merger investigation into the proposed joint acquisition of Cemex Croatia by HeidelbergCement and Schwenk (Case M.7878). The transaction involves horizontal overlaps in the market for grey cement in southern Croatia. Latest developments On 5 April 2017, the Commission prohibited the transaction. The Commission concluded that the proposed transaction would significantly reduce competition in grey cement markets in Croatia.  The Commission concluded that the proposed commitments would not have allowed a supplier to compete effectively and on a lasting basis with the merged company. Parties HeidelbergCement AG (HC) is a German-based construction material producer with operations
GLOSSARY
Heir apparent describes a person whose right to succeed to a particular hereditary dignity (notably the Crown or a peerage) or settled estate cannot be displaced by the later birth of another person, provided they survive the current holder. It contrasts with an heir presumptive, whose priority can be displaced by a later-born person with a better title.The term is a descriptive common-law expression rather than a statutory definition, though it is entrenched in the law and practice of royal and peerage succession (e.g., primogeniture). In modern property succession on death (wills and intestacy), “heir apparent” is used loosely: it does not confer any vested proprietary interest before death, and expectations can be defeated by a valid will, variation of a settlement, or the heir’s failure to survive.Key features:- Indefeasible priority as to birth order, but no present, enforceable interest.- Practical significance mainly in succession to the Crown and peerages, and in settled or entailed property contexts.- Usage is broadly consistent across England and Wales, Scotland, Northern Ireland and Ireland.Scotland note: do not confuse heir apparent with the Scots law “apparent heir,” which historically referred to someone entitled to inherit heritable property but who had not yet completed title.
GLOSSARY
Heir at law describes the person entitled to inherit a deceased person’s estate (or a particular interest in land) on an intestacy, in the absence of a valid will disposing of that property. In modern practice across England and Wales, Northern Ireland and Ireland, the concept operates through statutory intestacy rules, which specify which relatives inherit and in what shares. “Heir at law” is therefore largely a descriptive expression rather than a defined statutory term, but is used in conveyancing, probate and contentious estate work to identify who has the primary entitlement.In England and Wales and Northern Ireland, the intestacy provisions in the Administration of Estates legislation govern who is treated as heir at law. In Ireland, the Succession Act 1965 performs a similar function. In Scotland, the closest equivalent is the “heir in heritage” (for heritable property) and the operation of legal rights and intestate succession rules under the Succession (Scotland) Acts, rather than a single “heir at law” concept. The term is practically significant for title investigations, estate administration, tracing beneficiaries, advising on next-of-kin entitlement and assessing standing to bring succession-related claims.
GLOSSARY
An heir hunter is a commercial genealogical research firm or individual who traces missing, unknown or distant heirs to an estate, often after death intestate or where beneficiaries named in a will cannot be located. The term is descriptive rather than a statutory concept and is used consistently across England and Wales, Scotland, Northern Ireland and Ireland.In practice, heir hunters typically monitor probate and succession filings, identify potential beneficiaries using genealogical records, and then contact them, usually seeking a contingency fee or commission based on the value of the inheritance recovered. They may contract directly with beneficiaries or be instructed by personal representatives, executors, administrators or solicitors acting in estate administration.Key legal issues include: the enforceability and fairness of fee agreements; duties of disclosure when approaching lay beneficiaries; data protection and privacy compliance; conflicts of interest; and professional negligence risk where solicitors rely on their research. While not generally regulated as a distinct profession, their activities interact with probate, succession, consumer protection and, in Ireland, the Succession Act 1965 and equivalent legislation elsewhere, making due diligence by legal practitioners essential.
GLOSSARY
An heiress is a female beneficiary expected to receive, or who has received, a substantial inheritance from a deceased person’s estate, typically in a family succession context. In modern UK and Irish law, “heiress” is not a technical term and is rarely used in legislation or formal legal drafting, which instead refers to “beneficiaries”, “heirs”, “successors” or “persons entitled” under a will or on intestacy.The expression is mainly descriptive and encountered in client communications, older deeds or settlements, trust instruments, family constitutions, and media reporting on family wealth. It may indicate entitlement under a will, under intestacy rules, or under discretionary or fixed trusts, but carries no special legal status or priority merely by virtue of gender.Across England and Wales, Scotland, Northern Ireland and Ireland, usage is broadly consistent. Succession and inheritance rights are governed by the relevant succession, intestacy and trust legislation, and by case law, which are gender‑neutral. Where historic instruments refer to an “heiress” or “heiress of the body”, interpretation will follow standard principles of construction, giving effect to the settlor’s or testator’s intention and the governing statutory framework.
GLOSSARY
Chattels that are treated as real property.
NEWS
The Helen Bamber Foundation (HBF) has published a report examining how designating countries as ‘safe’ for asylum purposes affects trafficking survivors. The report reveals that while the Labour government retained section 59 of the Illegal Migration Act 2023—extending blanket exclusions to India, Georgia and Albania—appeal success rates of 51-57% suggest flawed initial decision-making. HBF found ministerial instructions required limiting Albanian asylum grants to 2%, despite 82% of Albanian adults referred to the National Referral Mechanism (NRM) receiving positive trafficking decisions. The report calls for the repeal of Section 59 of the Illegal Migration Act 2023 and advocates for minimal barriers to accessing asylum. The report stresses the importance of individualised and fair decision-making processes and the need for adequate legal support for asylum seekers.
NEWS
The Helen Bamber Foundation and Asylum Aid have published a report examining the criminalisation of trafficking survivors in the UK. The report raises concerns about the operation of existing legal safeguards and the impact of recent and proposed immigration legislation, and calls for legislative reform, improved data collection and enhanced training for criminal justice practitioners.
NEWS
The Hellenic Supervisory Authority (SA) has imposed a €400,000 fine on the Ministry of Interior for infringing Articles 5, 25, 30, 32 and 33 of Regulation (EU) 2016/679 (the EU General Data Protection Regulation (EU GDPR)) and has also instructed the Ministry to take action to comply with the EU GDPR within a specific timeframe. The Hellenic SA found that a file containing details of the European electoral roll, as well as the email addresses and telephone numbers of Greek expatriate voters, which are prohibited from being provided to the recipients of copies of the electoral roll, were transferred outside the Ministry of Interior. The Ministry acts as the controller for the file and there is no legislation which allows for any case of transmission to recipients outside the Ministry. The file was transferred to another controller, yet to be identified, who has been fined €40,000 for infringing Articles 5, 6 and 14 of the EU GDPR and ordered to delete the unlawfully processed data.
PRACTICE NOTES
This Practice Note provides information on the ‘Help with court fees’ scheme (also known as fee remission) in relation to court fees payable in civil proceedings. Information on court fees and fee remission in civil proceedings is set out in the Civil Proceedings Fees Order 2008, SI 2008/1053 (as amended). For information on the court fees payable for issuing and progressing civil claims, and sanctions for non-payment of court fees, see Practice Note: Court fees in civil proceedings. Court and tribunal fees are, for many, prohibitively high. For those in the most straitened circumstances, help with fees may be available. In order to qualify, applicants must meet strict financial criteria on both savings and income. Help may cover all or only some of the fee payable, depending on the financial criteria. HM Courts and Tribunals Service (HMCTS) has published a privacy notice which sets out the standards to expect from the Ministry of Justice (MoJ) and HMCTS when they process personal information (‘personal data’) in the context of Help with Fees applications