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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 >
OD Developments v Oak Dry Lining Ltd – a challenge to adjudicator’s jurisdiction
November 2020In OD Developments (‘OD’) v Oak Dry Lining Ltd (‘Oak’), the TCC made a rare decision not to enforce an adjudicator’s award on jurisdictional grounds. It was argued that a Letter of Intent between the parties did not appropriately incorporate the JCT 2011 Design and Build Contract (“the JCT contract”) and the adjudicator therefore lacked… Read More >
Cyber attacks on solicitors firms and cyber insurance – The SRA’s Thematic Review on Cyber Security
November 2020As Andrew Jones reports, the SRA’s Thematic Review on Cyber Security has shone a light on the frequency and potentially hugely damaging consequences of cyber crime on law firms. It also highlights the potential benefits of law firms obtaining specialist cyber insurance in addition to their Professional Indemnity Insurance. The SRA recently published its report… Read More >