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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UK Government Cladding Update
February 2021The UK government announced today a new fund worth £3.5bn to address unsafe cladding for all leaseholders in high-rise buildings over 18 metres. This is further to the Government’s £1.6bn Building Safety Fund created in March 2020 to help fix non-ACM cladding systems on high-rise blocks. Housing Secretary Robert Jenrick made a statement to MPs… Read More >
Reports from the Courts – February 2021
February 2021Our regular review of the court decisions of most relevance to construction comes from Andrew Croft and Ben Spannuth who look at decisions showing that the courts will not enforce adjudication decisions where manifest injustice can be demonstrated; and another highlighting the need for clear drafting to permit the omission of works from a contractor.… Read More >
Disputes under NEC3 – The Fraserburgh Harbour Commissioners v McLaughlin & Harvey Limited
February 2021In the Fraserburgh Harbour Commissioners (the “Authority”) v McLaughlin & Harvey Limited (“MHL”), the Scottish Court of Session confirmed that, under clause W2 of the NEC3 Engineering and Construction Contract, a dispute must first be heard and decided by an adjudicator before it is referred to a court or tribunal. Facts The Authority appointed MHL… Read More >
‘Nuisance’ v ‘Continuing nuisance’ – Limitation in environmental claims
February 2021In the recent case of Jalla & Ors v Shell¹, the Court of Appeal has provided useful guidance on the concept of continuing nuisance in the context of environmental claims. The judgment focuses on the distinction between a single act of nuisance and ‘continuing nuisance’ and its relevance to the limitation period within which claims… Read More >
Global Vantage: Trading begins under the AfCFTA Agreement
February 2021In January 2021, trading began under the African Continental Free Trade Area (AfCFTA) agreement. Will Buckby considers how the agreement might impact pan-African trade in our latest Global Vantage article. On 1 January 2021, trading commenced under the terms of the African Continental Free Trade Area (“AfCFTA”) agreement. AfCFTA, which forms part of the African… Read More >
Global Switch Estates 1 Limited v Sudlows Limited
February 2021In Global Switch Estates 1 Limited (‘GSEL’) v Sudlows Limited (‘Sudlows’), the TCC held that an adjudicator wrongly confined the scope of a dispute and thus erroneously restricted his jurisdiction. This resulted in a breach of natural justice. Facts GSEL appointed Sudlows to carry out works to fit out and upgrade GSEL’s specialist data centre… Read More >
Building a Safer Future: New regulator means safer construction products and materials
February 2021As those who have followed media coverage of the Grenfell Inquiry will be aware, it has highlighted the dishonest practice seemingly employed by some manufacturers of construction products. As observed by Housing Secretary Robert Jenrick, “the Grenfell Inquiry has heard deeply disturbing allegations of malpractice by some construction product manufacturers and their employees and of… Read More >
The Year Ahead in Construction
February 2021Sheena Sood previews what 2021 will hold for the construction industry from a legal point of view. This article was first published in Building Magazine. Please click on the link below to read the full article.
Business shutdowns and COVID – Is the Supreme Court’s BI judgment really the salvation to UK business that the media would have us believe?
January 2021The recent and much anticipated judgment of the Supreme Court in the FCA Business Interruption (BI) test case has been extensively considered in the legal and insurance press. The case has confirmed Insurers’ obligation to provide cover for many non-damage BI insurance claims arising from the Covid 19 pandemic. But is it really the salvation… Read More >
Kelly -v- Meegan and Smith -v- Hanaphy
January 2021Two recent decisions of Justice Barton in the High Court have provided some helpful guidance as to the correct approach to be applied to the assessment of liability in RTA claims where there is a dispute between the parties as to the precise circumstances of the accident (in particular in the context of head-on and… Read More >