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Our lawyers contribute regularly to industry and legal journals in addition to writing legal briefings, newsletters and case reports for clients and contacts. All of our articles are free to read and download here.
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Are Collateral Warranties Construction Contracts? The Supreme Court Weighs In
July 2024On 9 July 2024, the Supreme Court unanimously decided a collateral warranty is not a construction contract for the purposes of the Housing Grants, Construction and Regeneration Act 1996 (“Construction Act”), and thus cannot be used as the basis for adjudication. In doing so, the Court overturned prior case law. In this article, Michael O’Brien… Read More >
CONSTRUCTION DISPUTES LANDSCAPE FOR 2024: THE HERE AND NOW AND WHAT TO EXPECT NEXT – SECOND INSTALMENT
July 2024With the first half of 2024 behind us, we are looking back at the developments we’ve seen in the construction disputes landscape. This article builds upon our first instalment article published in March 2024. Technology and Construction Court Annual Report: In May 2024, the Technology and Construction Court (the “TCC”) published its Annual Report (“Report”)… Read More >
REPORTS FROM THE COURTS
July 2024The latest review of court decisions important to the construction industry comes from Andrew Croft, Benjamin Spannuth and Daniela Miklova. The team note an important reminder to parties settling litigation by way of Tomlin orders. They also analyse the first decision to consider a Remediation Order application where a Grant Funding Agreement and contract for… Read More >
Finch v Surrey County Council – Supreme Court issues major decision on environmental impact assessment requirements: all’s well that ends well?
July 2024Introduction On 20 June 2024, the Supreme Court announced its decision in R (on the application of Finch on behalf of the Weald Action Group) (Appellant) v Surrey County Council and others (Respondents) [2024] UKSC 20. By the 3-2 majority judgment, it determined that greenhouse gas emissions arising from the use and combustion of refined… Read More >
Labour’s victory: the future of construction, infrastructure and energy under their manifesto
July 2024Introduction In the period leading up to the 2024 general election, the prospect of political change was highly anticipated in the UK. This came to fruition as the results confirmed a new political era with Labour coming to power. Building on our previous article What Happens Next for the UK Construction Industry if Labour Prevails?,… Read More >
Updates to the ABCA’s Standard Contracts
July 2024We are delighted to have recently been involved, alongside the market’s insurers, in drafting the updated Association of Building Control Approvers (“ABCA”) standard contracts for the appointment of a Building Control Approver. The Building Control Approver role, replacing that of the Approved Inspector, was introduced following the numerous changes under the Building Safety Act. From… Read More >
The potential impact of the Leasehold and Freehold Reform Act 2024 on the residential facilities management market
July 2024As reported by Beale & Co’s Kayleigh Rhodes and Antony Smith in their recent article ‘Which Bills survived the 2024 General Election announcement?’, The Leasehold and Freehold Reform Act 2024 (the “Act”) received Royal Assent on 24 May 2024[1]. The Act is the latest (and most likely the last) part of the incumbent Conservative Government’s… Read More >
THE DUBAI FLOOD DAMAGE: NOW THE SUN’S COME OUT – WHAT’S NEXT? Part 2
July 2024THE TASREEF PROJECT Following April’s unprecedented storm that submerged parts of Dubai, Sheikh Mohammed bin Rashid Al Maktoum has approved the ‘Tasreef’ project which aims to develop Dubai’s rainwater drainage network. With an estimated cost of AED 30 billion (8 billion USD), the initiative is one of the emirate’s largest strategic infrastructure projects. The Tasreef… Read More >
BUSINESS ASSET DISPOSAL RELIEF – POTENTIAL CHANGES POST-ELECTION
June 2024What is Business Asset Disposal Relief? Business Asset Disposal Relief (BADR), known before 2020 as Entrepreneurs’ Relief, is a tax relief that reduces the capital gains tax (CGT) on the disposal of qualifying business assets from 20% down to 10%. The relief is capped at a lifetime limit of £1 million of gains. Qualifying criteria… Read More >
Environmental Judicial Activism – Will Switzerland continue to snub the European Court of Human Rights and its successful senior citizens?
June 2024In April 2024, we reported on a landmark ruling by the Grand Chamber of the European Court of Human Rights (“European Court”). The decision confirmed that the Swiss government had positive obligations regarding climate targets under human rights law. By failing to take prompt and necessary steps, the government had breached the human rights of… Read More >