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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Case report: Downs Road Development LLP v Laxmanbhai Construction (UK) Ltd [2021] EWHC 2441 (TCC)
September 2021In this Part 8 claim challenging the decision of an Adjudicator, the Court determined that a holding payment notice that did not set out a sum the paying party genuinely considered to be due was invalid. In addition, the Court refused to sever the Adjudicator’s decision following a finding that the rules of natural justice… Read More >
How to interpret questions on insurance proposal forms… and when they go wrong
September 2021As Andrew Jones and Daniela Miklova report, the recent case of Ristorante Limited t/a Bar Massimo v Zurich Insurance plc [2021] EWHC 2538 is a useful insight into how the Court will interpret the questions and answers in insurers’ proposal forms in coverage disputes. It also shows how insurers can lose potential policy defences through… Read More >
CC Construction Limited v Raffaele Mincione – JCT Final Statements and Adjudication enforcement
September 2021In CC Construction Limited (‘the Contractor’) v Raffaele Mincione (‘the Employer’) [2021] EWHC 2502 (TCC), the TCC concluded that the Adjudicator had jurisdiction to address a set off defence that they had disregarded prior to reaching the Adjudication decision (‘the Decision’), resulting in a material breach of the requirements of natural justice. Background This case… Read More >
ARCHITECTS’ ROUNDTABLE – SEPTEMBER 2021
September 2021On 15 September, Beale & Co were delighted to host its latest Architects’ Roundtable for leading architectural practices. The roundtable provided an opportunity for architects to reflect on the key issues, some new and some prevailing, that are affecting the industry and to debate the challenges of today and the future. The roundtable focussed on… Read More >
Data Protection Reforms – Simplification of Compliance and International Data Transfers
September 2021On 10 September 2021, the UK’s Department for Digital, Culture, Media & Sport issued a consultation seeking views on the government’s plans to reform the UK’s data protection laws, specifically the GDPR (as implemented in the UK) and Data Protection Act 2018 (the UK GDPR). The aim of the reforms is to create a more… Read More >
Proposed Amendments to the Building Safety Bill
September 2021Further to our article Building Safety Bill: A new landscape for claims under the defective premises act 1972? in July 2021, various iterations of the Building Safety Bill (Amendment paper) are being submitted by the House of Commons Committee and we wanted to pick up and highlight two key issues the first which seeks to… Read More >
Top-to-bottom reform: EU outlines new “vertical” rules on distribution
September 2021Introduction On 9 July 2021, the EU Commission released a draft version of the EU Vertical Agreements Block Exemption (“VABE”)[1] for consultation, together with the accompanying vertical agreements guidelines[2]. The proposed changes are significant for businesses[3]. Vertical agreements are those which relate to the supply of goods and services between parties at different levels of… Read More >
PFI hand-back – are you at risk?
September 2021This article was first published by Building on 7 September 2021 If you were involved in design or construction of PFI projects about to expire, be prepared for fallout in the form of claims against you as the facilities are handed back. PFI was introduced by the UK government in 1992 to encourage private sector… Read More >
The Race to Net Zero; how construction is modernising their materials and construction methods ahead of 2050
September 2021With the race to 2050’s net zero target firmly upon us and the countdown to COP26 in November 2021, pressure is growing on the construction industry to arrive at ways to reduce their carbon footprint. Ultimately this may lead to the urgent revision of building materials and methods of construction and we examine some recent… Read More >
Cladding Remediation – where are we?
September 2021Up and down the country buildings clad in ACM are in various stages of ‘repair’ as the process of stripping and replacing non-compliant ACM is undertaken. Some buildings have been fully remediated, others are being remediated and no doubt that process in respect of some premises has not even started. Cladding remediation data continues to… Read More >