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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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Washed-up, sewage and the Supreme Court: Manchester Ship Canal Company v United Utilities
July 2024Introduction This month’s Supreme Court (‘SC’) ruling in Manchester Ship Canal Company Ltd v United Utilities Water Ltd (No. 2) [2024] UKSC 22 marks the much-anticipated conclusion of the long-running litigation between Manchester Ship Canal Company Ltd (‘MSCC’) and United Utilities (‘UU’), the sewerage undertaker for North-West England. It is also likely to mark the… Read More >
Key Takeaways from the King’s Speech: The initial outlook for the UK construction industry
July 2024Introduction In the King’s Speech on 17 July 2024, 40 bills were announced covering a range of topics and issues, including across the themes of ‘Economic Stability and Growth’; ‘Great British Energy and Clean Energy Superpower’; and ‘National Security and Serving the Country’. This update highlights some of the main bills from the Briefing issued… Read More >
HISTORIC RAINFALL CAUSES DAMAGE IN THE UAE: NOW THE SUN’S COME OUT – WHAT’S NEXT? PART 3
July 2024THE CONSTRUCTION INDUSTRY In our first article discussing ‘what comes next’ following the severe flooding events in the Emirates, we looked at the impact on insurers and insurance claims. A link to that article can be found here. In this article we shift our focus to contractors. Impact on Construction: The severe weather impacted many… Read More >
Whose Liability is it Anyway? The case of the Former BHS Directors
July 2024Recently, there was a momentous judgment in relation to the BHS litigation which has potentially wide-ranging implications for the D&O Insurance market. For those who have followed this protracted saga since the collapse of arguably one of Britain’s best-known department stores back in 2016, the ruling that two former directors of the chain have now… Read More >
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 >