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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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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 >
Global Vantage: Signing on the Singapore line – UK takes a further step in the Pre-Action direction
June 2023Last month, the United Kingdom Government signed the United Nations Convention on International Settlement Agreements Resulting from Mediation (the “Singapore Convention”), further strengthening its standing as a leading hub for Alternative Dispute Resolution. We have previously reported on the key provisions of the Convention and the issues arising from it (which can be found here). … Read More >
Great Power, Great Responsibility: Plugging In – Reforming the Electrical Grid Connection Regime in the UK
June 2023A typical power generation project would until fairly recently have comprised construction of a fossil fuel, often gas-fired, power station. That power station would have been constructed on a site convenient for connection to the national electricity transmission grid, near an area of high demand. Nowadays, at least here in the UK, a typical project… Read More >
No loose change: James v Essex CC – Landfill and a Landmark Procurement Ruling
June 2023Introduction The recent landmark case of James Waste Management LLP v Essex County Council[1] sheds light on the interpretation and application of Regulation 72 of the Public Contracts Regulations 2015 (PCR) concerning contract modifications. This judgment provides significant guidance on several crucial aspects of Regulation 72 and expands upon previous cases, offering valuable insights for… Read More >
Banking on Hydrogen – Green Hydrogen Production in KSA Backed by 23 Financial Institutions
June 2023NGHC Green Hydrogen Facility Saudi Arabia has openly acknowledged that as a leading global energy producer, it must make significant contributions in the global fight against climate change. In this regard it has committed to having net zero emissions by 2060, and to have an impressive 50% of its power generated from renewable resources by… Read More >