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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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UK Public Procurement Open frameworks – open field or missed open goal?
July 2023Introduction We have covered the reforms set out in the eagerly awaited Procurement Act 2023 in a number of articles. Those following developments will know that this important landmark legislation will present multifaceted changes to an area of law that had hitherto been shaped by the UK’s membership of the European Union. In its Green… Read More >
Tackling co-insurance issues or a ‘try’ on? FM Conway v The Rugby Football Union: the extent to which contractors and sub-contractors are covered under construction all risk policies
July 2023In a fairly rare case concerning a project construction all risk insurance policy (CAR Policy) reaching the Court of Appeal, in FM Conway Limited v The Rugby Football Union, Royal & Sun Alliance Insurance PLC, Clark Smith Partnership Limited [2023] EWCA Civ 418 the Court of Appeal has upheld a high court decision which reminds… Read More >
Saudi Arabia: The New Civil Transactions Law
July 2023The Saudi Arabian Civil Transactions Law (the “Code”), enacted on 19 June 2023 by Royal Decree M/191, has now been published in the Saudi Arabian official gazette “Umm Al-Qura” and comes into force around 16 December 2023. Prior to the enactment of the Law, and unlike most other countries in the region which have a… Read More >
Great Power, Great Responsibility: Closing Doors – Reining in Offshore Wind in Denmark
July 2023Denmark has long punched above its weight in wind. It pioneered wind power in the 1970s and gave birth to Vestas, one of the world’s largest wind turbine manufacturers, and Ørsted, one of the world’s largest developers of offshore wind projects. Both remain headquartered in Denmark, and to this day Denmark has a higher share… Read More >
The FCA Consumer Duty: Don’t forget your antitrust or GDPR duties!
July 2023Introduction Under the Financial Services Act 2021, the Financial Services Authority (FCA) has introduced the Consumer Duty, a comprehensive set of higher standards aimed at enhancing consumer protection in the financial services sector. Effective from July 31, 2023, the Consumer Duty takes effect for new and existing products or services that are open to sale… Read More >
Building Safety in the Courts: URS Corporation Ltd v BDW Trading Ltd
July 2023Whether developers are owed duties under the Defective Premises Act 1972 has been uncertain for a number of years. The Court of Appeal has provided clarity around this point, and a number of other issues in a recent decision. Background BDW, a developer, appointed URS, an engineering firm, to provide structural design services in relation… Read More >
Court of Appeal delivers significant decision for trustees and insolvency practitioners
July 2023The Court of Appeal has upheld the High Court decision of Mr Justice Fancourt in Denaxe Limited v Cooper & Anor [2022] EWHC 764 (Ch) striking out a substantial damages claim brought against court appointed receivers concerning the 2019 sale of Blackpool Football Club. The decision in this case (in which Martin Jensen and Zoe… Read More >
UK Government launches inquiry into reinforced autoclaved aerated concrete (“RAAC”)
July 2023It has been widely reported in the press that the UK government has launched an inquiry into the potential existence of RAAC in buildings across the £158bn government estate, due to concerns of imminent structural collapse. What is RAAC? Autoclaved aerated concrete was first developed in Sweden in the 1920s and was mainly used for… Read More >
REPORTS FROM THE COURTS
July 2023Our regular round up of the court cases of most interest to construction comes from Andrew Croft and Ben Spannuth who look at a judgment providing clarification on the use of Part 8 proceedings to resist adjudication enforcement; and another judgment that shows the courts will look to the factual matrix when determining the existence… Read More >
Subsidy Control Act 2022: Scrutiny of another referral by Subsidy Advice Unit
June 2023Introduction We have written previously about the UK’s Subsidy Control Act 2022, which received Royal Asset on 28 April 2022 and came into force on 4 January 2023 (see article here: https://beale-law.com/article/uk-state-aid-control-and-the-subsidy-advice-unit-a-duty-to-ask-but-not-to-listen/). The meaning of subsidy is quite broad. This can encompass any benefit provided from public resources whether in cash or non-cash form. That… Read More >