Legal Training and CPD Courses for Lawyers
 Remember Me

Login Forgotten password?

Course Development Land: Overage and Clawback

Overview


There has been much litigation in recent years over overage provisions. Often the solicitors are blamed for bad drafting or not anticipating other interpretations or events. Dealing with overage successfully can be demanding but rewarding work, requiring commerciality, creativity and attention to detail - plus considering potential avoidance mechanisms.

This course will provide practical guidance to help you manage client expectations and give guidance on the issues to consider when drafting. The topics covered include:

  • Managing the client's expectations
  • Types of overage situation: surplus company land, agricultural sale off, public body sales, 'unlikely but possible'
  • Methods of securing payment
  • Charges, restrictions, ransoms, restrictive covenants and leases
  • Pros and cons of each method
  • Trigger events and avoidance techniques: Planning, construction, sale, use, etc. and getting the wording right
  • Duration and discharge or assignment
  • How many bites of the cherry?
  • 'No disposal' situations
  • Changes in control
  • Disposals of part
  • Getting the formula right on overage calculations
  • Double counting of deductibles - CIL infrastructure, etc.
  • Thinking the unthinkable and avoiding avoidance
  • Good faith provisions
  • Buyer's obligations
  • Pre-emption rights
  • Lender issues - postponement of iiens and priorities
  • Intercreditor deeds
  • SDLT treatment of overage payments
  • Learning from others' mistakes - the caselaw to date

Show all

Details


Best Seller
Type
Course
Level
Advanced
CPD
3 hours
SRA

Fees


£105.00
Package Price
Click here for details

£240.00
Non Member

(Excluding VAT)

Speakers


Hannah MackinlayDetails

Testimonial


Great course, presenter was very knowledgeable and gave practical advice. Would definately look to attend another one of Hannah's courses

anon

Brochure


No Image available

About membership

CLT membership provides excellent service, great value for money and above all, quality events saving up to 50% of your training costs.

Keep in touch

Follow us on

Linkedin twitter

Help & Support

For help, support and bookings call:
+44 (0)121 362 7705 or visit our support section for FAQs, venue maps and brochures.