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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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Drafting for a greener future
February 2023Tim Kittow and Harry Coates welcome the benefits that the increasing amount of ‘green drafting’ of construction contracts will deliver, but caution that there are potential risks associated that must be appreciated from the outset. This was first published by Construction Law October 2022. CL Oct 2022Beale
Brokers (and Insurers) – Are you prepared for Product Governance Interventions?
February 2023In October 2022, the Product Governance (“PROD”) Rules, implemented by the Financial Conduct Authority, officially came into force for insurers and brokers in the UK. https://www.fca.org.uk/publications/policy-statements/ps21-11-general-insurance-pricing-practices-amendments The newly introduced rules follow a long line of product governance guidance and interventions from the FCA into pricing levels within the insurance market. They supersede the “General insurance… Read More >
REPORTS FROM THE COURTS
February 2023Our regular round up of court decisions of most interest to construction from Andrew Croft and Ben Spannuth looks at a case showing why Parties should take care when seeking to place reliance on previous adjudication decisions; and another judgment which should be taken as a reminder to parties to take care when entering into… Read More >
The implications for property agent remuneration of Barton v Morris [2023] UKSC 3
February 2023This recent decision of the UK Supreme Court raises an issue of real importance for professionals whose income relies on the payment of commissions. Where it has been expressly agreed that an agent should receive a specific fee for achieving a particular outcome, in what circumstances might they still be entitled to some remuneration where… Read More >
The Return of Lender Claims?
February 2023Introduction There was an influx of claims against valuation surveyors in the early 2010s largely as a result of the financial crisis. Increasing numbers of borrowers were unable to pay back loans and lenders were unable to recoup their losses by selling borrowers’ repossessed properties due to the sharp decline in the property market. Lenders… Read More >
Buyer-funded development: buyers’ claim against developer’s solicitors denied
February 2023Since the 2008 financial crisis, developers have found it increasingly difficult to secure project finance from commercial lenders, meaning they had to turn to alternative finance methods. Once such method is buyer-funded developments. Three words that strike fear into the heart of all solicitors PII insurers… A buyer-funded development is a property development which is… Read More >
Building Safety Act 2022 – Duty Holders
February 2023Following the enactment of the Building Safety Act 2022 (the Act) last year we wanted to inform you about a recent development concerning a key principle of the Act; duty holders. Part 3 of the Act aims to increase and improve accountability and competence within the built environment sector by introducing a duty holder regime.… Read More >
Japanese Knotweed- A residual diminution in value?
February 2023The Court of Appeal (“CA”) recently handed down its judgment in the case of Davies v Bridgend County Borough Council [2023] EWCA Civ 80, where it was held that diminution in value was a recoverable loss in Japanese knotweed cases where a defendant had failed to notify the claimant about the presence of knotweed on… Read More >
Tate Modern viewing platform found to invade apartment owners’ privacy
February 2023On Wednesday 1st February 2023, the Supreme Court handed down judgment in a long running dispute between the owners of four luxury apartments on London’s Bankside and the Tate Modern. The Supreme Court held that the Tate Modern’s Blavatnik extension to the gallery led to the owners of the apartments facing a “constant visual intrusion”… Read More >
Sanctions update: EU and UK price caps to hit insurers and other sectors
February 2023What has happened? On 5 February 2023, the EU and UK price cap for refined petroleum products came into effect. The European Union (EU) and the United Kingdom (UK) have both implemented measures aimed at limiting the revenues received by Russia from its sales of oil and oil products. For both the UK and EU,… Read More >