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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 Building Safety Bill: Draft Secondary Legislation published for Gateway One in England
May 2021From 1 August 2021, the Government is intending to introduce several new requirements into the planning system by making amendments to the Town and Country Planning (Development Management Procedure) (England) Order 2015 (as amended) (the “Order”). This marks the first stage of the Government’s implementation of the requirements outlined in the draft Building Safety Bill… Read More >
Modern Slavery
May 2021Modern slavery includes the recruitment, movement, harbouring or receiving of children, women or men through the use of force, coercion, abuse of vulnerability, deception or other means for the purpose of exploitation. It also includes holding a person in a position of slavery, servitude forced or compulsory labour, or facilitating their travel with the intention… Read More >
Global Vantage: The feeling isn’t mutual – EU Commission opposes UK’s application to accede to the Lugano Convention
May 2021On 4 May 2021, the European Commission (the “Commission”) published its assessment of the UK’s application to accede to the 2007 Lugano Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (the “Lugano Convention”). Whilst not binding, its conclusion – that the EU should not consent to the accession… Read More >
Reports from the Courts – May 2021
May 2021Andrew Croft and Ben Spannuth of Beale & Company Solicitors LLP review the latest court cases of most interest to construction, including one highlighting that where appropriate, the courts will enforce adjudication decisions notwithstanding an exclusive jurisdiction clause; and a Scottish court decision which while not binding in England provides a reminder that the courts… Read More >
Building a Safer Future: Unamended Fire Safety Bill to become law
May 2021The Fire Safety Bill has passed through Parliament following a long-running debate over who pays the costs of cladding remediation works and other fire prevention measures. The House of Lords sought to include a proposal which would prevent remediation costs for fire safety deficiencies being passed on to leaseholders. However, the House of Lord’s motion… Read More >
Service: Late with no smile
April 2021The recent case of Boxwood Leisure Limited v Gleeson Construction Services Limited and M J Gleeson Group Limited, saw the TCC consider Boxwood’s relief from sanctions application following late service of its Claim Form. This case is a stark reminder of the pitfalls of getting service wrong and the severe consequences that will likely ensue.… Read More >
Global Vantage: UKSC considers the relationship between a UK-domiciled parent company and its foreign subsidiary
April 2021On 12 February 2021, the UK Supreme Court (“UKSC”) handed down its judgment in Okpabi and others v Royal Dutch Shell Plc and another [2021] UKSC 3. The decision, which concerned two sets of proceedings brought by representatives of the Ogale and Bille communities of Rivers State, Nigeria (the “Appellants”), provides important guidance as to… Read More >
How much are personal data breach claims really worth?
April 2021With mass personal data breaches now frequent news and a key impending Supreme Court case set to consider the parameters of class action-style claims for compensation for such breaches, Andrew Jones considers how much compensation affected individuals can realistically look to recover for personal data breaches and what the future may bring. In May 2021,… Read More >
Lacrosse Tower – Cladding Developments Down Under
April 2021Tanah Merah Vic Pty Ltd v Owners’ Corporation No 1 [2021] VSCA 72 On 26 March 2021, Victoria’s Supreme Court of Appeal (“VCoA”) handed down judgment on an application seeking leave to appeal the Lacrosse Tower decision. As readers may recall, the first instance decision, which we discuss in detail here and summarise below, found… Read More >
Reports from the Courts – April 2021
April 2021The regular round up of the key court decisions affecting construction comes from Andrew Croft and Ben Spannuth. In one case the court overturned an application for summary judgment seeking enforcement of an adjudicator’s decision; in another the court dismissed a council’s challenge to an enforcement.