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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 draft Building Safety Bill – changes afoot?
December 2020In July 2020, following a consultation on proposals for reforming the building safety system¹, the government published the draft Building Safety Bill (“the Bill”). In an article earlier this year (linked here) we considered the provisions included within the Bill, which is intended to reform the building safety system following the Grenfell Tower fire in… Read More >
Part 36 – Enhanced relief or no enhanced relief?
December 2020In Telefónica UK Ltd v The Office of Communications [2020] EWCA Civ 1374, the Court of Appeal allowed the Claimant’s appeal against an order that awarded it only two of the four specified forms of enhanced relief available under CPR 36.17(4) notwithstanding that it had beaten its own Part 36 offer at trial. Background to… Read More >
Reports from the Courts
December 2020Construction Law’s regular round up of the Court decisions of most interest to construction comes from Andrew Croft and Ben Spannuth, including a case that will be of growing interest as insolvencies rise; and another that is a stark reminder to construction companies of the importance of conducting thorough due diligence on their suppliers and… Read More >
Construction post-Brexit: five things you need to know
December 2020Since leaving the EU on 31 January 2020, the UK’s relationship with the EU has been governed by the Withdrawal Agreement. This has allowed the UK to continue on the same terms it had with the EU prior to departure during a so-called ‘transition period’. This transition period – and the UK’s relationship with the… Read More >
Japanese Knotweed – Keeping claims under control
December 2020Japanese Knotweed (“Knotweed”) has achieved notoriety over the years as a result of the perceived damage it can cause to vegetation and property. Despite recent research suggesting that it may not, in fact, be as big a problem as previously thought, it continues to be a source of prolific professional negligence claims against surveyors. In… Read More >
Global Vantage: UKSC delivers landmark judgment on arbitrator bias in the context of international arbitrations
December 2020On 27 November 2020, the UKSC handed down its much anticipated judgment in Halliburton Company v Chubb Bermuda Insurance Ltd (formerly known as Ace Bermuda Insurance Ltd) [2020] UKSC 48. The decision provides important guidance for arbitrators on the duty of impartiality and their disclosure obligations in the context of international arbitrations. Background The appellants,… Read More >
RGB Plastering Limited v Tawe Drylining and Plastering Limited
December 2020In the case of RGB Plastering Limited v Tawe Drylining and Plastering Limited the TCC considered the validity of an application for payment under the terms of the subcontract between the parties. In particular, the court determined whether or not the application could be relied on to recover monies in the absence of any Payment… Read More >
A practical guide to Adjudication under the Construction Contracts Act 2013
December 2020Adjudication under the Construction Contracts Act 2013 (the ‘Act’) is a very accessible and efficient method of resolving payment disputes on construction projects. It is available “at any time” and a binding decision is usually provided within 28 days from the date the Referring Party (the claimant) delivers its initial claim submission. The result is… Read More >
Government plan goes to waste
November 2020The Department for Environment, Food and Rural Affairs (Defra) has consulted on a revised Waste Management Plan for England (“the Plan”). The consultation, which ended on 20 October, forms part of the requirements stipulated in the Waste (England and Wales) Regulations 2011 (“the Waste Regulations”) to revise the Plan every six years (and will replace… Read More >
Global Vantage: Anti-Suit Injunctions: Coming to a Court near you?
November 2020Anti-suit injunctions (‘ASIs’) prevent a party that is subject to the issuing court’s jurisdiction from commencing or continuing with proceedings in a foreign jurisdiction. Earlier this month, the DIFC Courts reportedly granted their first ASI, representative of a wider trend that we have seen in recent years where ASIs are sought in the context of… Read More >