tag:blogger.com,1999:blog-1284392475241895935Thu, 05 Sep 2024 11:30:26 +0000Landlordleaseslawyersadministrationinsolvencylaw firmscredit crunchtenantlegal feesrecessionclientsCVAinstitutional leaseriskBPFCommercial Lease CodeGoldacreGovernmentadministration expenseadministratorclient caredevelopmentreal estaterecoveryretailerBlacks LeisureJJBLandlord and Tenant (Covenants) Actcostsdeveloperfairnesslegislationrentservice chargeBritish Chambers of CommerceCREGood HarvestThe Lawyerassignmentcreditors volunatary arrangementdraftingoffshoreoutsourcingreformrestructuringtaxAGABank of EnglandCarbon FootprintCarbon Reduction CommitmentFRIFocus DIYHMVPeacocksPropertyProperty WeekRPISpending Review 2010VATassigneeassociatesauthorised guarantee agreementconstruction industryexpectationfinancial meltdowngreen leaseshouse pricesinflationinterest ratesinvestmentjoint venturemortgageeplanningprivity of contractrepairrepossessionAIFMBCCCMLCPICRCCity of LondonClinton CardsColdbloodCometDCLGDeath StarDenial of ServiceDepartment of Communities and Local GovernmentFSAFt.comHammersonIFAJFSJewJewishJulian AssangeLa SenzaLegalEagleMHMOSCREOrthodox JudaismPISCESPrincess LeiaProgressive judaismProperty Rental BusinessREITSDLTSouthern CrossStar WarsStyloTUPETheLawyer.comWestfieldWikileaksagreementsanti-avoidanceasset managementbanksblamecapital allowancescare homescitizenshipcommissioncompetition lawcritical illnesdeadlinedeficitdirectordiscriminationdownturnemployment lawextraditionforeclosureguaranteeguarantorin possessionindependent financial advisorinsolventinsured risksinternationallegal process outsourcinglife insurancemediapensionspower of saleprecedentprivity of estatereceiverreligionsale and leasebackservicesocial mediastressstructurethelegalbratlawgtraineesuninsured risksunionsBlogs on law, property and life - not all lawyers are dull and bookish!http://uklegaleagle.blogspot.com/noreply@blogger.com (Anonymous)Blogger59125tag:blogger.com,1999:blog-1284392475241895935.post-2191978001208657410Fri, 27 Dec 2013 09:00:00 +00002013-12-27T09:00:06.167+00:00fairnesslaw firmslawyerslegal fees It has been quite a while since I last blogged and even longer since I blogged about a potentially controversial subject so why not kill two birds with one stone.  2013 has been a year of two halves for the legal profession.  The first half of the year firms had it rough and indeed some did not make it through the whole year as a result.  The second half was much more positive http://uklegaleagle.blogspot.com/2013/12/the-great-fixed-fee-debate-lawyers.htmlnoreply@blogger.com (Anonymous)0tag:blogger.com,1999:blog-1284392475241895935.post-4028704931765310062Tue, 04 Jun 2013 07:45:00 +00002013-06-04T08:45:01.040+01:00administrationCREinsolvencyLandlordretailerThe news (Private equity firm pays Dreams' creditors) that Sun European has paid 75p in the £1 to trade creditors of Dreams, which it acquired from the hands of administrators in March is great news for those creditors.  But unfortunately the story for landlords is not so good - no such pay out for them.  The commercial logic is obvious - in order to continue trading Dreams needs its http://uklegaleagle.blogspot.com/2013/06/sweet-dreams-for-trade-creditors-but.htmlnoreply@blogger.com (Anonymous)0tag:blogger.com,1999:blog-1284392475241895935.post-5373556396466640602Tue, 06 Nov 2012 12:30:00 +00002012-11-06T21:48:55.303+00:00administrationadministratorblameCometmediaThere are a number of stories which caught my eye in respect of Comet going into administration.  They appeared in many papers and on-line.  I am linking to the Telegraph versions of two of them simply because there is no pay wall and they are easy to find (thanks to The Telegraph for being so helpful).  The stories are: "Landlords hit out at Comet for failing to disclose financeshttp://uklegaleagle.blogspot.com/2012/11/comet-explosive-headlines-and-blame.htmlnoreply@blogger.com (Anonymous)0tag:blogger.com,1999:blog-1284392475241895935.post-8291825844680034986Thu, 10 May 2012 17:02:00 +00002012-05-10T18:02:57.239+01:00administrationBPFcreditors volunatary arrangementCVAfairnessGoldacreinsolvencyLandlordleasesrestructuringretailerThe British Property Federation (BPF) is an organisation which represents Landlords.  Therefore it is an organisation which is important to me because it is important to my clients.  It recently launched its "Taking the Profit" campaign.  The target of that campaign is the use of administration particularly in the retail sector as a route to turning a distressed business into a http://uklegaleagle.blogspot.com/2012/05/bpfs-taking-profit-extracting-maximum.htmlnoreply@blogger.com (Anonymous)2tag:blogger.com,1999:blog-1284392475241895935.post-7457794522338800725Wed, 28 Mar 2012 14:58:00 +00002012-03-28T16:00:41.518+01:00administrationadministration expenseadministratorGoldacreLandlordleasesIn January 2010 I blogged on a very recent decision called Goldacre (Offices) Limited -v- Nortel Networks UK Limited (in administration) [2009] EWHC 3389 (Ch.).  In November of the same year I picked up on a Scottish case (Cheshire West and Chester Borough Council -v- Springfield Retail Limited (in administration)) in which the decision in Goldacre was applied and certain parts clarified. http://uklegaleagle.blogspot.com/2012/03/all-that-glitters-is-not-goldacre.htmlnoreply@blogger.com (Anonymous)0tag:blogger.com,1999:blog-1284392475241895935.post-9221771899752595278Wed, 07 Mar 2012 11:06:00 +00002012-03-07T11:06:28.600+00:00BPFCommercial Lease Codeinstitutional leaseinvestmentLandlord and Tenant (Covenants) Actleasesprivity of contractreal estateriskIt's MIPIM week and whilst colleagues and contacts are wining, dining and networking on the shores of the Meditteranean, I sit here pondering whether we may be witnessing the end of the UK as an attractive place to invest in commercial real estate.  With headlines such as: "James Dyson calls for looser employment laws and shorter leases" it is easy to see that the established UK form of http://uklegaleagle.blogspot.com/2012/03/game-over-for-uk-commercial-real-estate.htmlnoreply@blogger.com (Anonymous)2tag:blogger.com,1999:blog-1284392475241895935.post-7432679134482822179Wed, 22 Feb 2012 16:09:00 +00002012-02-22T16:09:14.733+00:00administrationadministration expenseCREPeacocksreal estaterestructuring Those familiar with my blog will remember my relatively recent blog entitled Blacks and La Senza: Agression v Seduction.  Today we are met with the news that Peacocks has finally been sold out of administratio to Edinburgh Woollen Mill.  This is good news, especially for the 6,000 people whose jobs have been saved and the 338 landlords whose stores will remain open.  It is less http://uklegaleagle.blogspot.com/2012/02/peacocks-sold-seduction-again.htmlnoreply@blogger.com (Anonymous)0tag:blogger.com,1999:blog-1284392475241895935.post-8401086172651375736Fri, 17 Feb 2012 14:16:00 +00002012-02-17T14:19:08.295+00:00asset managementCREOSCREPISCESreal estate On 24 January 2012 I attended a symposium in London to discuss trying to push forward at a greater rate the implementation of the OSCRE standard and its adoption in the Real Estate community.  This is not a new path and many will remember the unsuccessful attempts at doing this no more than 10 years ago with PISCES.  In fact OSCRE is a sort of successor to PISCES.  It is the http://uklegaleagle.blogspot.com/2012/02/oscre-just-for-geeks-or-time-for.htmlnoreply@blogger.com (Anonymous)0tag:blogger.com,1999:blog-1284392475241895935.post-2912920019814940670Tue, 17 Jan 2012 10:10:00 +00002012-01-17T10:10:47.897+00:00administrationbanksdownturnGovernmentinsolventPeacocks Reading earlier today the pressure that is being placed on RBS in particular to agree to debt restructuring and help save Peacocks from administration I couldn't help but think how perverse the world is.  I am not a fan of the mistakes made by big banks which led to the collapse of the financial world as we knew it.  It has left one hell of a mess and the tax payer as owner of a http://uklegaleagle.blogspot.com/2012/01/damned-if-you-do-damned-if-you-don.htmlnoreply@blogger.com (Anonymous)2tag:blogger.com,1999:blog-1284392475241895935.post-1326773367590217447Tue, 10 Jan 2012 18:10:00 +00002012-01-11T10:17:35.064+00:00administrationadministration expenseadministratorBlacks LeisureGoldacreinsolvencyLa SenzaLandlordleasesrecessionretailertenantYesterday saw the first of what will most likely be a wave of pre-pack administrations of high street names when both Blacks Leisure and La Senza went into administration and immediately thereafter their businesses (or at least the profitable parts of it) were sold to willing buyers.  Pre-pack administrations have come in for a lot of criticism on the basis that they often, if not always, http://uklegaleagle.blogspot.com/2012/01/blacks-and-la-senza-might-vs-seduction.htmlnoreply@blogger.com (Anonymous)0City of London, London EC4R 9HA, UK51.5091936 -0.086868151.5067231 -0.0918036 51.511664100000004 -0.081932600000000008tag:blogger.com,1999:blog-1284392475241895935.post-2582286458126123400Sun, 01 Jan 2012 12:01:00 +00002012-01-01T12:03:24.276+00:00administrationCVAGoldacreLandlordleasesPropertyrecessionrecoveryA very experienced insolvency practitioner who has acted as administrator on some of the most high profile insolvencies of well known British retailers recently mentioned to a colleague that: “The main problem facing retailers today is that rents are too high.  Landlords will need to accept that if they want their businesses to survive they will need to reduce significantly the rents http://uklegaleagle.blogspot.com/2012/01/retail-2012-showdown-between.htmlnoreply@blogger.com (Anonymous)0tag:blogger.com,1999:blog-1284392475241895935.post-2967403927825417482Tue, 15 Nov 2011 08:30:00 +00002011-11-15T08:30:01.872+00:00draftinginstitutional leaseLandlordlaw firmslawyersleasesprecedentThe  internet has brought many benefits to lawyers and particularly to firms who wish to avoid (or cannot justify) the employment of a Knowledge Development Lawyer (aka a Professional Support Lawyer). Whereas previously in order to keep up with the latest legal developments one had to subscribe to countless hard copy journals; constantly receive updates from publishers; then spend time http://uklegaleagle.blogspot.com/2011/11/on-line-precedents-help-or-hindrance.htmlnoreply@blogger.com (Anonymous)2tag:blogger.com,1999:blog-1284392475241895935.post-7258430848818543517Thu, 01 Sep 2011 16:11:00 +00002011-09-01T17:11:42.937+01:00care homescredit crunchleasesrecessionreformsale and leasebackSouthern CrossThe Southern Cross collapse has cast a very strong spotlight on the use of sale and leasebacks in the care home industry and in property heavy businesses in general. Southern Cross is not the first well known name to collapse with a sale and leaseback business model; remember Woolworths? Or going back further the Forte group? But, whilst all these collapsed entities share a common theme in havinghttp://uklegaleagle.blogspot.com/2011/09/in-defence-of-sale-and-leasebacks-post.htmlnoreply@blogger.com (Anonymous)0tag:blogger.com,1999:blog-1284392475241895935.post-5099277727501953313Fri, 12 Aug 2011 10:22:00 +00002011-08-12T11:22:09.037+01:00client careclientscostsDeath Stardraftinglawyerslegal feesPrincess LeiaStar WarsI enjoy a bit of sci-fi every now and again and sometimes think that much can be learned from the sage advice of Yoda and friends ... well not really but it can be fun imaging how Yoda would dispense legal advice: "Enter into that contract will you hmm? Difficult to see the future is. Trust him I do not!"However, when recently remembering some of Princess Leia's appearances (stop thinking bikinihttp://uklegaleagle.blogspot.com/2011/08/drafting-advice-from-princess-leia.htmlnoreply@blogger.com (Anonymous)0tag:blogger.com,1999:blog-1284392475241895935.post-6580875808402683582Wed, 27 Jul 2011 20:11:00 +00002011-07-27T21:54:17.475+01:00AGAassigneeassignmentauthorised guarantee agreementGood HarvestLandlordLandlord and Tenant (Covenants) ActleasestenantThe Court of Appeal today issued its judgment in K/S Victoria Street v House of Fraser (Stores Management) Ltd & Ors [2011] EWCA Civ 904 (27 July 2011).  Some might call this case “son of Good Harvest” and it was the Court of Appeal’s first chance to consider the decision made by Mr J Newey in Good Harvest Partnership LLP v Centaur Services Ltd.  Those of you who have been reading http://uklegaleagle.blogspot.com/2011/07/good-harvest-now-been-tithed.htmlnoreply@blogger.com (Anonymous)0tag:blogger.com,1999:blog-1284392475241895935.post-4430994521912649055Wed, 25 May 2011 07:00:00 +00002011-05-25T21:37:01.313+01:00client careclientslaw firmsleaseslegal feesI was chatting with a partner of mine last week who has been in practice for nearly 40 years. He made a comment which highlights a major issue facing lawyers the world over: "Whilst the speed with which we can send and receive documents has increased thanks to the internet, the speed with which we can review them has not."We now live in an instant society. Everything is "on-demand". Modern http://uklegaleagle.blogspot.com/2011/05/my-computer-might-have-broadband-but-my.htmlnoreply@blogger.com (Anonymous)0tag:blogger.com,1999:blog-1284392475241895935.post-1885535040376687776Tue, 05 Apr 2011 06:00:00 +00002011-04-05T07:00:08.099+01:00competition lawLandlordleaseslegislationretailerriskMany thanks to Adrian Magnus, a partner in BLP's EU and Competition Law practice for his input in this blog. From 6 April 2011, the Chapter I Prohibition under the Competition Act 1998 will apply to land agreements.  This might come as a surprise to a lot of people.  What on earth does competition law have to do with the ownership of land and why have land agreements hitherto beenhttp://uklegaleagle.blogspot.com/2011/04/changes-to-competition-law-end-to-good.htmlnoreply@blogger.com (Anonymous)1tag:blogger.com,1999:blog-1284392475241895935.post-9071809384723166243Fri, 25 Mar 2011 15:00:00 +00002011-03-25T15:14:12.399+00:00agreementsdraftinglawyersAlmost a month ago I wrote a blog entitled "Transactional Law: a bit like being a London cabbie".  Recently I have been involved in a transaction where I felt like a cabbie with a passenger constantly changing its mind as to where he wanted to get to.  This was an unusal transaction requiring some pretty bespoke drafting which in turn got me thinking about how one should http://uklegaleagle.blogspot.com/2011/03/suits-you-sir-art-of-bespoke-drafting.htmlnoreply@blogger.com (Anonymous)0tag:blogger.com,1999:blog-1284392475241895935.post-4820120031101892373Tue, 01 Mar 2011 10:00:00 +00002011-03-01T10:23:26.966+00:00clientsexpectationlawyersLegalEagleMHMtraineesThis blog was encouraged/requested by LegalEagleMHM and is being co-hosted on her fantastic blog : Diary of a Diploma in Legal Practice student which contains many thought-provoking and inciteful blogs and the latest of which on "What makes a 'great' lawyer and do clients want 'greatness' or savings?" clearly shows someone thinking about the actual facts of the job. Every six months wehttp://uklegaleagle.blogspot.com/2011/03/transactional-law-bit-like-being-london.htmlnoreply@blogger.com (Anonymous)3tag:blogger.com,1999:blog-1284392475241895935.post-440307644460042725Mon, 21 Feb 2011 19:18:00 +00002011-02-21T22:22:48.376+00:00CVAJJBLandlordtenantA colleague has just sent to me a copy of the announcement by JJB regarding its proposed CVAs.  Only a month ago I wrote a blog regarding the possibility of HMV proposing a CVA which contained some advice for Landlords.  Thus far it has not happened and, I have been told that my expectations may have been too high since HMV remains profitable despite its troublesome retail sites. http://uklegaleagle.blogspot.com/2011/02/jjb-proposed-cva-will-it-succeed.htmlnoreply@blogger.com (Anonymous)0tag:blogger.com,1999:blog-1284392475241895935.post-1092188161431574000Tue, 08 Feb 2011 22:14:00 +00002011-02-08T22:14:21.566+00:00clientslaw firmslegal feeslegal process outsourcingThe news that Herbert Smith and Allen & Overy have opened offices in Belfast followed by further news that Addleshaw Goddard is opening a depot in Manchester to do due diligence and less complex legal tasks has resulted in a tumult of comments across the twitter- and blog- sphere.  Everyone is entitled to their opinion on this subject but I take issue with those whose opinion is that thehttp://uklegaleagle.blogspot.com/2011/02/legal-process-outsourcing-crime-against.htmlnoreply@blogger.com (Anonymous)3tag:blogger.com,1999:blog-1284392475241895935.post-2235196191784526658Thu, 03 Feb 2011 19:04:00 +00002011-02-03T19:04:33.573+00:00client careclientslaw firmslawyersThis blog really continues a debate that was started by @legalbizzle and @legalbrat a few weeks ago.  There are a number of postings relevant which you might consider pre-course material including: What lawyers can learn from call centres by Legal Bizzle It's not about the biscuits by Legal Bizzle It's client care but not as we know it by Legal Brat In truth this is not a new debate, inhttp://uklegaleagle.blogspot.com/2011/02/client-lawyer-relationship-can-we-fix.htmlnoreply@blogger.com (Anonymous)4tag:blogger.com,1999:blog-1284392475241895935.post-8201735226665528058Fri, 28 Jan 2011 14:29:00 +00002011-01-28T14:29:03.292+00:00credit crunchdeficitGovernmentrecessionunionsThe usual line from my 5 year old when we ask him to help his 3 year old brother tidy up the toys which his 3 year old brother has tipped all over the floor is "I didn't do it so I am not helping tidy up".  If only life was so simple. I have my suspicions that I will come in for a certain amount of criticism for some of the things I write in this latest instalment.  However, I am man http://uklegaleagle.blogspot.com/2011/01/i-didnt-do-it-so-i-am-not-helping-tidy.htmlnoreply@blogger.com (Anonymous)0tag:blogger.com,1999:blog-1284392475241895935.post-5342894560258291108Tue, 25 Jan 2011 22:15:00 +00002011-01-26T12:04:28.151+00:00client carelaw firmslawyersstressThe LawyerThis blog was initiated by the article appearing in The Lawyer on-line today entitled: Lawyers can't handle Tuesdays, survey reveals.  The "research" in question was commissioned by Michael Page International and its results are summed up by their marketing director Eamon Collins as follows: "This research has told us that 10am on a Tuesday is the most stressful time of the working weekhttp://uklegaleagle.blogspot.com/2011/01/its-tuesday-im-lawyer-get-me-outta-here.htmlnoreply@blogger.com (Anonymous)0tag:blogger.com,1999:blog-1284392475241895935.post-1214689285920940748Mon, 24 Jan 2011 20:15:00 +00002011-01-24T20:18:41.179+00:00client careclientslaw firmslawyerslegal feesLet's get one thing straight.  This is meant to be controversial, it is meant to stimulate debate. There have been a number of excellent posts in the last couple of weeks by stalwarts of the in-house blogging circuit on the provision of legal services by law firms and lawyers.  Specific examples include: "It's client care but not as we know it" by @legalbrat "Crossing a (red)line" and http://uklegaleagle.blogspot.com/2011/01/client-care-debate-out-housers-view.htmlnoreply@blogger.com (Anonymous)0