An update on the 11 – 18 meter Cladding Remediation Fund

An update on the 11 – 18 meter Cladding Remediation Fund

On 10 January 2022 the Government announced an intention to provide a “fully funded plan of action including remediating unsafe cladding on 11 – 18m buildings”.

Since this announcement, the Building Safety Act 2022 and subsequent Regulations have been enacted which have completely changed the way in which cladding and non-cladding remedial costs are to be recovered and from whom. Despite this and a great deal of interest for more information from leaseholders, management companies and freeholders alike, there was a distinct lack of any update regarding this proposed 11 – 18 meter fund. This has now changed with the Government’s announcement on 30 November 2022 of the “Medium Rise Scheme” (“MRS”). A summary of the MRS is as follows:

1. At present the Government is only running a pilot of the MRS. This applies to a pre-selected number of buildings across England (namely 60 in number) where the developer “cannot be traced or held responsible – for instance because they have gone out of business”;

2. The full MRS will come into force during 2023, although the exact date, eligibility criteria and application process has yet to be announced. Nevertheless:
a. The announcement does say that once the pilot has concluded, the Responsible Person (i.e. the entity with the contractual obligation to undertake remedial works) can make an application to the MRS;
b. The MRS appears to be targeted at buildings where there are unsafe external wall systems only. This means it will not apply to internal compartmentation issues within a building; and
c. As stated for the pilot, the MRS only covers costs where the Developer cannot be traced or held responsible;

3. The value of the MRS appears to be £3 billion; and

4. The Government is encouraging leaseholders and Responsible Person’s persons to complete this form to help determine how many buildings may be eligible for the scheme – https://www.gov.uk/guidance/tell-us-about-life-safety-fire-risks-on-the-external-wall-system-of-your-building.

Whilst this is positive news, uncertainty remains. For example, would the MRS apply if a Developer can be traced but is unwilling to pay? Would the MRS apply if the Developer can be traced but the freeholder (who has the statutory obligation to pay for remedial costs but not to undertake the remedial works) cannot afford to do so and is unwilling or unable to bring proceedings against the non-associated Developer? Finally will any Government fund be made available for the equally as common internal compartmentation defects found within high rise buildings?

For a full summary of the MRS, the Government has provided the following leaseholder fact sheet – https://www.gov.uk/guidance/medium-rise-scheme-mrs-pilot-opening-leaseholder-factsheet.

Colman Coyle has and continues to act for and advise leaseholders, management companies, freeholders and developers in respect of cladding and other fire safety defects.

Ross Wilson

Ross Wilson

Senior Associate

Ignacio Morillas-Paredes meets His Majesty Felipe VI, King of Spain at the Spanish Chamber of Commerce 135th Anniversary Gala Dinner

Ignacio Morillas-Paredes meets His Majesty Felipe VI, King of Spain at the Spanish Chamber of Commerce 135th Anniversary Gala Dinner

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Ignacio Morillas saluda a S.M. Felipe VI, Rey de España, con ocasión de la cena de Gala de la Cámara de Comercio

Ignacio Morillas Paredes, en su calidad de vocal del comité de la cámara de Comercio de España en el Reino Unido,  tuvo el placer de ser testigo de primera mano de la visita de S. M. el Rey Felipe VI como invitado de honor a la Cena de Gala del 135 aniversario de dicha institución.

Ignacio se trasladó al Reino Unido hace casi 25 años.  En su capacidad como abogado español y solicitor Ingles y Socio del despacho Colman Coyle, ha tenido la oportunidad de asesorar a empresas tanto españolas como británicas en ambos mercados.

La visita de S. M. el Rey deja constancia de los fuertes lazos institucionales y comerciales existentes entre ambas naciones, relaciones que se han ido forjando durante siglos, y desde aquí, deseamos,  por España y por el Reino Unido, muchos más años de cordialidad y de magníficas relaciones comerciales por venir.

Ignacio Morillas Paredes, a Committee Member of the Spanish Chamber of Commerce in the United Kingdom, had the pleasure of meeting His Majesty Felipe VI, King of Spain as Guest of Honour at the 135th Anniversary Gala Dinner on Monday 21st November 2022.

The event, held at the Landmark Hotel in London, celebrated the 135th Anniversary of the Spanish Chamber of Commerce in the United Kingdom.

The visit of His Majesty Felipe VI marked a significant milestone, reaffirming the strong institutional and commercial relationships between the United Kingdom and Spain. The event reaffirmed its commitment to continue strengthening the relationship between both nations for many more years to come.

Ignacio moved to the UK almost 25 years ago. In his capacity as a Spanish lawyer and English solicitor and Partner at Colman Coyle, he has had the opportunity to advise both Spanish and British companies entering both markets.

Please watch the video below:

Howard Colman interviewed by IR Global on winning Member of the Year 2022 in Barcelona

Howard Colman interviewed by IR Global on winning Member of the Year 2022 in Barcelona

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Howard Colman, a Founding Partner of Colman Coyle, was delighted to win the IR Global Member of the Year 2022 award.

The Member of the Year award, voted by over 1300 IR Global members, is a testament to Howard and Colman Coyle’s long standing commitment to IR Global. Howard has attended over 20 conferences globally, where he regularly hosts tables of discussion groups and is a panelist discussing dispute resolution issues from an English and international perspective. Howard and Colman Coyle have made a substantial contribution to the development of the organisation since the firm joined the network at its inception in 2010.

Howard is the exclusive IR member for Commercial Litigation & Commercial Arbitration in England and a long standing member of the IR Dispute Resolution Committee.

Howard, along with other members of Colman Coyle’s international team, are looking forward to continuing their relationship with IR Global and continuing to strengthen their relationships internationally.

At the recent conference in Barcelona, IR Global discussed winning Member of the Year with Howard and also discussed Colman Coyle’s recent collaborations and importance of the IR Global network for Colman Coyle.

Please find the video below.

Ignacio Morillas-Paredes invited to speak at opening of the Madrid City Council office ‘Antena’ in Central London

Ignacio Morillas-Paredes invited to speak at opening of the Madrid City Council office ‘Antena’ in Central London

Ignacio Morillas-Paredes invitado como ponente en la inauguración de la oficina ‘Antena’ del Ayuntamiento de Madrid que tuvo en Canary Wharf, Londres

Ignacio Morillas-Paredes, socio del despacho Colman Coyle, intervino como ponente en la inauguración de la oficina del Ayuntamiento de Madrid en Canary Wharf, Londres, el lunes 14 de noviembre de 2022.

El acto estuvo presidido por la teniente de alcalde de Madrid, Begoña Villacis-Sánchez.

La oficina denominada ‘Antena’ se crea para la promoción de Madrid como destino de gran inversión con el objetivo de atraer empresas extranjeras con planes de expansión internacional. Las empresas británicas son una importante fuente de empleo en Madrid ya que mantienen cerca de 50.000 puestos de trabajo directos.

El evento brindó a Ignacio la oportunidad de hablar sobre una variedad de temas importantes, incluido el mercado actual en España.

Ignacio es abogado español y Solicitor inglés, se trasladó a Londres en 1.999 y es invitado regularmente como ponente en conferencias destinadas a promover la inversión extranjera en España y el Reino Unido.

Mas abajo podrás encontrar algunas fotografías del acto.

Ignacio Morillas-Paredes, a Partner at Colman Coyle, was delighted to speak at the opening of Madrid’s City Council office in London on Monday 14 November 2022.

The office known as ‘Antena’ will aim to promote Madrid as a potential investment destination with the objective of attracting foreign companies with international expansion plans. British companies are an important source of employment in Madrid as they maintain close to 50,000 direct jobs and is the centre point for investment in Spain.

The event provided Ignacio the opportunity to talk about a variety of important topics including the current market in Spain, along with other questions from the audience.

Ignacio is a Spanish national but moved to London in 1999 and is regularly invited to conferences aimed to promote foreign investment in Spain and the UK.

Please find below some pictures from the event.

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Colman Coyle attend the highly successful IR Global annual conference in Barcelona

Colman Coyle attend the highly successful IR Global annual conference in Barcelona

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Howard Colman, Oksana Howard and Adam Palmer have recently returned from Barcelona where they represented Colman Coyle at the annual IR Global conference.

The conference was a great success bringing together around 350 legal and financial professionals from around the globe.

This was Adam’s first IR conference as part of the Rising Stars programme and gave him a great opportunity to meet and develop connections with other young lawyers involved in international work.

A highlight of the conference for Colman Coyle was the award of the IR Global Member of the year to Howard after a vote of the whole IR Global membership of more than 1300 members.

For Oksana the conference was a great opportunity for her to strengthen relationships with existing members and make new connections through her role as a Committee Member of the M&A Committee.

Colman Coyle are pleased to have been members of IR Global since it’s inception and look forward to many more years working together.

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Howard Colman, Oksana Howard & Adam Palmer are travelling to Barcelona for the 2022 IR Global annual conference

Howard Colman, Oksana Howard & Adam Palmer are travelling to Barcelona for the 2022 IR Global annual conference

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Following the highly successful 2022 IR Global conferences in Washington and Zurich, Colman Coyle are delighted to attend the annual conference in Barcelona next week. The firm will be represented by Howard Colman, Oksana Howard and a new IR Global Rising Star member Adam Palmer.

Howard is the exclusive IR Global member for Commercial Litigation & Commercial Arbitration in England and a long standing member of the IR Dispute Resolution Committee.

Oksana is the exclusive IR Global member for Capital Markets in England and a member of M&A Committee at IR.

Adam is a Senior Associate in our Dispute Resolution department and recently joined IR Global as a Rising Star member. The Rising Star programme will provide Adam the opportunity to get involved in cross border dispute resolution work along with growing his own international network. Adam’s membership of IR Global will further strength our international department, enhancing our global outreach and ability to advise clients.

Colman Coyle have made a substantial contribution to the development of the organisation and through our membership can service our clients’ legal and commercial requirements worldwide by regularly working with professionals in over 150 countries.

Howard, Oksana and Adam are looking forward to attending the annual conference in Barcelona and networking with professionals from jurisdictions around the world, many of whom we have met before and work closely together on cross referral work.

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