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E:Gen – December 2022

Egen Concrete and Sky

Welcome to the latest edition of E:gen, Winckworth Sherwood’s Regeneration and Development Newsletter. In this edition we look at preparing for cyber attacks, the risks for sellers, SDLT Registered Provider relief and much more.

The Hillside Parks Case – A Supreme Court judgement on ‘drop-in’ planning permissions

The recent Supreme Court judgment known as “The Hillside Parks Case” has, as expected, raised concerns in the industry. The case which very much turned on its own facts dealt with the effect of what is termed ‘drop-in’ planning permissions on an already commenced masterplan development for a full detailed non-phased planning permission.

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Should RPs have intra group agreements in place between different group entities?

The scale and complexity of activities being undertaken by Registered Providers of Social Housing (RPs) in today’s society means it has become the norm for most RPs to use a range of legal entities to achieve its objects, referred to as its ‘corporate group’.

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Seller Beware

A recent case acts a reminder that sellers cannot simply transfer risk and responsibility by relying on the principle of caveat emptor and need to think carefully about disclosure of title defects in the course of disposals.

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SDLT Registered Provider relief – welcome updated guidance from HMRC

On 1 November 2022, HMRC published updated guidance on the stamp duty land tax (SDLT) exemption for acquisitions of land by registered providers (RPs) where certain conditions are met. The most common scenario in which an RP (whether non-profit or profit-making) can claim the benefit of this exemption is where the acquisition is “funded with the assistance of a public subsidy”.

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Ten Steps to Prepare for Cyber attacks

Cyber attacks, such as ransomware, continue to cause difficulties to businesses globally, occasionally bringing them to near total standstill. Countering this is an ongoing race between, on the one hand, the sophistication of the tools used and the attacker’s skill in deploying them and, on the other, companies’ attempts to defend their systems and their preparations for how this will respond if an attack occurs. Companies that take their eye of the ball can easily fall behind in this race and suffer the consequences.

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