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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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Churchill v. Merthyr Tydfil County Borough Council [2023] EWCA Civ 1416
December 2023Introduction On 29 November 2023, the long-awaited decision of the Court of Appeal in Churchill v. Merthyr Tydfil County Borough Council was published. The Court of Appeal has ruled that the Courts have the ability to stay proceedings for, or order, the parties to engage in alternative dispute resolution (“ADR”) process. This is a departure… Read More >
REPORTS FROM THE COURTS
November 2023Our regular round up of the court decisions of most interest to construction comes from Andrew Croft, Ben Spannuth and Daniela Miklova who report on a case that warns parties to avoid linking final dates for payment to the submission of invoices/notices; and one that cautions parties about commencing a ‘true value’ adjudication until outstanding… Read More >
HS2 Phase 2 Cancellation – What are your options?
November 2023It has now been officially confirmed that Phase 2 of High Speed 2 (“HS2”) will not be going ahead, while a new management team will take over the development of the Euston station site. See this article from last year for some thoughts on the impact of cancellation of HS2. Whilst part of the project… Read More >
Alliancing and collaboration – walking the walk
November 2023The benefits of alliancing and collaborative contracting The potential benefits of alliancing and collaborative contracting in construction are now well established in the UK. In addition to allowing the delivery of projects which are so challenging or innovative that other procurement and delivery routes are not practicable, alliancing and collaborative contracting have brought a host… Read More >
Key BSA changes for approved inspectors
November 2023Secondary legislation [1] (the Regulations) is now in force which will replace Approved Inspectors with Building Control Approvers (Approvers). The Regulations have introduced a new regulatory body, the Building Safety Regulator (the BSR), which requires all Approved Inspectors to register as Approvers. Approved Inspectors must register, or they will be prevented from taking on work.… Read More >
Balancing legal compliance against employee privacy: ICO publishes guidance for employers on monitoring workers
October 2023Introduction On October 3, 2023, the Information Commissioner’s Office (ICO) in the United Kingdom released a comprehensive guidance document titled “Employment Practices and Data Protection – Monitoring Workers.” This guidance (available here: https://ico.org.uk/media/for-organisations/uk-gdpr-guidance-and-resources/employment-information/employment-practices-and-data-protection-monitoring-workers-1-0.pdf ) aims to help employers navigate the complex landscape of monitoring employees while ensuring compliance with the UK General Data Protection Regulation… Read More >
REPORTS FROM THE COURTS
October 2023Our round up of the cases of most interest to construction from Andrew Croft and Ben Spannuth who report on a decision that shows the importance of limitation periods; and an appeal court ruling that confirms the duties owed to developers under s1(1) of the DPA. This was first published by Construction Law October 2023. CL-Oct-2023-RepCo
Embracing Innovative Technology in the Construction Industry
October 2023The construction industry has seen an emergence of the use of technology to explore more innovative ways to design, improve efficiency, and lower costs. The annual Construction Week Leaders in Construction Summit, that took place last month in Dubai, brought together industry experts to share their insights on the latest trends and technologies being embraced… Read More >
The Genoa Bridge Collapse: How and Why?
October 2023The collapse of the Genoa bridge in Italy in 2018, that killed 43 people and left many hundreds homeless, sparked a critique of the inspection regime of bridges and highways in Italy and specifically, how privatised maintenance and passive state regulation ultimately resulted in the tragedy. It also prompted the UK to evaluate its inspection… Read More >
The power to sanction – is the SRA overreaching in its desire to have greater fining authority, and where does that leave legal regulation?
October 2023Introduction Solicitors are no strangers to regulation. The vast majority of legal professionals would agree that a weakly regulated legal sector invites serious risk for advocates and clients alike. A clear and considered regulatory framework enables legal professionals to carry out their duties compliantly and with certainty. Effective regulation also protects legal professionals – offering… Read More >