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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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Alliancing and collaboration – walking the walk
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The benefits of alliancing and collaborative contracting The potential benefits of alliancing and collaborative contracting in construction are now well established in the UK. In addition to allowing the delivery of projects which are so challenging or innovative that other procurement and delivery routes are not practicable, alliancing and collaborative contracting have brought a host… Read More >
Key BSA changes for approved inspectors
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Secondary legislation [1] (the Regulations) is now in force which will replace Approved Inspectors with Building Control Approvers (Approvers). The Regulations have introduced a new regulatory body, the Building Safety Regulator (the BSR), which requires all Approved Inspectors to register as Approvers. Approved Inspectors must register, or they will be prevented from taking on work.… Read More >
Balancing legal compliance against employee privacy: ICO publishes guidance for employers on monitoring workers
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Introduction On October 3, 2023, the Information Commissioner’s Office (ICO) in the United Kingdom released a comprehensive guidance document titled “Employment Practices and Data Protection – Monitoring Workers.” This guidance (available here: https://ico.org.uk/media/for-organisations/uk-gdpr-guidance-and-resources/employment-information/employment-practices-and-data-protection-monitoring-workers-1-0.pdf ) aims to help employers navigate the complex landscape of monitoring employees while ensuring compliance with the UK General Data Protection Regulation… Read More >
REPORTS FROM THE COURTS
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Our round up of the cases of most interest to construction from Andrew Croft and Ben Spannuth who report on a decision that shows the importance of limitation periods; and an appeal court ruling that confirms the duties owed to developers under s1(1) of the DPA. This was first published by Construction Law October 2023. CL-Oct-2023-RepCo
Embracing Innovative Technology in the Construction Industry
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The construction industry has seen an emergence of the use of technology to explore more innovative ways to design, improve efficiency, and lower costs. The annual Construction Week Leaders in Construction Summit, that took place last month in Dubai, brought together industry experts to share their insights on the latest trends and technologies being embraced… Read More >
The Genoa Bridge Collapse: How and Why?
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The collapse of the Genoa bridge in Italy in 2018, that killed 43 people and left many hundreds homeless, sparked a critique of the inspection regime of bridges and highways in Italy and specifically, how privatised maintenance and passive state regulation ultimately resulted in the tragedy. It also prompted the UK to evaluate its inspection… Read More >
The power to sanction – is the SRA overreaching in its desire to have greater fining authority, and where does that leave legal regulation?
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Introduction Solicitors are no strangers to regulation. The vast majority of legal professionals would agree that a weakly regulated legal sector invites serious risk for advocates and clients alike. A clear and considered regulatory framework enables legal professionals to carry out their duties compliantly and with certainty. Effective regulation also protects legal professionals – offering… Read More >
Compliance with financial sanctions regimes: A special risk for insurers?
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Introduction The intricate world of international sanctions has become a formidable challenge for insurers. The problem has become very real since the invasion of Ukraine by Russia in 2022 and the ensuing, vast sanctions regime which was swiftly imposed, causing restrictions across a number of sectors. Even before the hostilities in Ukraine, the sanctions picture… Read More >
Insurance brokers and the Financial Conduct Authority: is the new Consumer Duty the ‘thin end of the wedge’?
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After years of consultation, consideration, and speculation, the Financial Conduct Authority’s (“FCA”) new Consumer Duty has finally arrived, coming into force in July earlier this year.[1] The reform has been in the works for some time and has been both hotly anticipated and dreaded in equal measure. In essence, the new duty is an attempt… Read More >
A “Fast-Track” Regime for Environmental Sanctions
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DEFRA’s consultation on the strengthening of environmental sanctions in April and May 2023 found in favour of two significant changes: to remove the £250,000 cap on Variable Monetary Penalties (VMPs), meaning penalties can be unlimited, and to introduce unlimited VMPs as a civil sanction in the Environmental Permitting (England and Wales) Regulations 2016. These changes… Read More >