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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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Senior Swiss Women Pave The Way! Landmark ruling confirms that insufficient climate action taken by a government also violates humans rights. Corporates next ?
April 2024The Grand Chamber of the European Court of Human Rights (“European Court”) delivered an important ruling earlier last week when it confirmed that a government was obligated to take action to meet its climate targets under human rights law. It is thought that this landmark decision could prompt further environmental activism internationally and help to… Read More >
Principal Designer (Building Safety Act 2022) – Six Months On
April 2024It is now six months since the role of the Principal Designer came into force under the Building Safety Act 2022 and associated secondary legislation[1]. As this role begins to become adopted and market standard in the industry, what have we learnt so far? Industry Approach Initial appetite to take on this Principal Designer role… Read More >
Willmott Dixon v Prater and others – Claim No. HT-2022-000409
March 2024Case Report Building Liability Orders – Important new guidance from the Court Overview: On 21 March 2024, Mrs Justice Jefford delivered an ex tempore Judgment in the Technology and Construction Court on an application brought by various Lindner Group companies regarding Part 20 claims brought by AECOM Infrastructure & Environment UK Ltd (“AECOM”) for Building… Read More >
REPORTS FROM THE COURTS
March 2024Our regular analysis of court decisions of most interest to construction comes from Andrew Croft, Ben Spannuth and Daniela Miklova who report on a case that reminds parties to comply with contractual notification requirements/payment obligations to avoid prejudicing their right to adjudicate; and a First Tier Tribunal decision that underlines that it has discretion under… Read More >
Construction Disputes Landscape for 2024: The here and now and what to expect next
March 2024As we near the end of the first quarter of this year, Ian Masser and Sophie-Rose Bowen take a look at some of the issues that have impacted the UK construction disputes landscape recently and could shape the industry moving further into 2024. New UK Legislation: The construction industry continues to monitor the impacts of… Read More >
CMA homes inquiry: a house of pain for builders?
February 2024What Has Happened? The housebuilding sector in Great Britain is currently facing significant scrutiny following the conclusion of a market study by the Competition and Markets Authority (CMA). The study, conducted over the course of a year, revealed fundamental concerns regarding the persistent under-delivery of new homes and issues surrounding estate management charges and… Read More >
All’s Fair in Law and War or…Exclusion Explosion: the Court of Appeal Decision in The University of Exeter v Allianz Insurance PLC [2023] EWCA Civ 148
February 2024The Court of Appeal recently dismissed an insured’s appeal on a case in which it considered proximate and concurrent causes of loss and the Wayne Tank Principle, in the context of an industry-standard exclusion for damage caused by acts of war. Facts In 1942, during the height of World War II and Germany’s systematic raids… Read More >
HEALTH AND SAFETY AUTHORITY PUBLISHES ITS ANNUAL REVIEW OF WORKPLACE INJURIES, ILLNESSES AND FATALITIES FOR 2021-2022
February 2024INTRODUCTION On 20 November 2023, the Health & Safety Authority (HSA) published its Annual Review of Workplace Injuries, Illnesses and Fatalities for 2021-2022. This report details causes and characteristics of injuries, illnesses and fatalities that occur in workplaces across Ireland. The report combines data from three sources which are: the HSA’s database of all non-fatal… Read More >
REPORTS FROM THE COURTS
February 2024Our regular analysis of court decisions of most interest to construction comes from Andrew Croft, Ben Spannuth and Daniela Miklova who look at a judgment highlighting the effect of an overriding reasonable skill and care clause in consultants’ contracts; and another which provides for the first time clarification of the territorial scope of adjudication where… Read More >
‘Do You Even Care?’ Universities and their duty of care to students
February 2024There can be little doubt that the UK is in the grip of a crisis in mental health, not least amongst the young, with higher education being one area of highly-publicised concern. A House of Commons Library Research Briefing published on 30 May 2023 reviewed the research and noted that a 2022 survey by mental… Read More >