Articles
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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Part 8 Proceedings and questions of contractual interpretation: further guidance
November 2024In Workman Properties Ltd v Adi Building and Refurbishment Ltd, the Technology and Construction Court (TCC) assessed whether Part 8 proceedings, under the Civil Procedure Rules (CPR) could resolve key contractual interpretation issues without substantial factual disputes. The case adds to a growing body of guidance on using Part 8 to address specific legal questions,… Read More >
When is a “storey” to be identified and counted for higher-risk building purposes? Recent uncertainty created over Government’s guidance
November 2024Nicholas Blomfield & Others v Monier Road Limited is an interesting First-Tier Tribunal decision on the status and treatment of government guidance regarding the “higher-risk building” (HRB) criteria under the Building Safety Act 2022 (BSA 2022) and Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023. Tribunal’s Decision A decision concerning an application for a Remediation… Read More >
CONSTRUCTION DISPUTES LANDSCAPE FOR 2024: THE HERE AND NOW AND WHAT TO EXPECT NEXT – THIRD INSTALMENT
November 2024Current Trends in the Market and Construction Claims: Various trends continue to reshape the construction disputes landscape, posing fresh risks and challenges for clients, contractors, consultants, and other industry stakeholders. Legislative changes, recent case law and evolving market dynamics — particularly around contract terms, building safety, professional liability, and claim apportionment are driving these developments.… Read More >
GRENFELL PHASE 2 REPORT: IMPACT ON BUILDING CONTROL PROFESSIONALS
October 2024This impact note focuses on the findings detailed in Phase 2 of the Grenfell Tower Inquiry, specifically concerning the Local Authority Building Control, and RBKC building control (as the relevant building control authority). It also explores the recommendations that will impact building control processes, approvals and the profession, as well as the wider construction industry… Read More >
Capital Gains Tax Changes in the Autumn Budget: Key Implications for Business Owners Considering a Sale
October 2024Today’s Budget made significant changes to Capital Gains Tax (CGT), which will impact business owners contemplating a sale. These changes were not entirely unexpected, as we have reported in a series of articles – Business Asset Disposal Relief – Potential Changes Post-Election. We have set out below an overview of the key changes and considerations… Read More >
Double jeopardy in sanctions law?: The Office of Trade Sanctions Implementation starts to function
October 2024The Office of Trade Sanctions Implementation (OTSI), launched in October 2024, and the Office of Financial Sanctions Implementation (OFSI) are two key UK authorities enforcing the UK’s sanctions regime. Each agency plays a distinct role: OFSI, part of HM Treasury, enforces financial sanctions, while OTSI, under the Department for Business and Trade, focuses on trade-related… Read More >
Global Vantage: The ever-increasing popularity of the NEC on international projects
October 2024Although standard industry contract forms, including the increasingly popular and well-utilised FIDIC suite, are used on international projects, there remains no single, universally accepted approach applicable across different jurisdictions and governing laws. This update examines the background and growing popularity of the NEC suite of contracts as an alternative on international projects. Background: The NEC… Read More >
GRENFELL PHASE 2 REPORT: IMPACT ON FIRE ENGINEERS
October 2024This impact note focuses on the findings detailed in Phase 2 of the Grenfell Tower Inquiry, specifically concerning the appointed specialist fire engineer. It also explores the recommendations that will impact fire engineers and the wider construction industry going forward. The Phase 2 Report was published on 4 September 2024, and in considerable length outlines… Read More >
Challenging Subsidies: Fighting Back Against Market Distortion
October 2024Introduction As the UK subsidy control regime evolves under the Subsidy Control Act 2022 (SCA 2022), businesses and other affected parties now have clearer legal mechanisms for challenging subsidies granted by public authorities. Companies may be adversely affected by the grant of subsidies, and they should regularly review what is uploaded to the subsidy database.… Read More >
GRENFELL PHASE 2 REPORT: IMPACT ON ARCHITECTS
October 2024This impact note focuses on the findings detailed in Phase 2 of the Grenfell Tower Inquiry, specifically concerning the appointed architect, Studio E Architects Limited. It also explores the recommendations that will impact architects and the wider construction industry going forward. The Phase 2 Report was published on 4 September 2024, and in considerable length outlines the circumstances… Read More >