Publications

Publications

Our lawyers contribute regularly to industry and legal journals including Building, Post Magazine and Solicitors Journal. In addition we write legal briefings, newsletters and case reports on our main practice areas.

Published and other articles are free and may be downloaded in PDF format.

See our most recent articles below or use the search function to find publications by Sector, Service and/or keyword. Articles over 1 year old are stored in our Publications Archive.

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Nathan Modell, Joanna Lewis and David Murphy

The Court of Appeal's decision in The Lessees and Management Company of Heron's Court v NHBC Building Control Services Limited [2019] EWCA Civ 1423 ("Heron's Road") reaffirms that Approved Inspectors do not owe a duty under Section 1 of Defective Premises Act 1972.

In this article, Nathan Modell, Joanna Lewis and David Murphy discuss the Court of Appeal's decision handed down yesterday (14 August) in Lessees and Management Company of Heron's Court v NHBC Building Control Services Limited [2019] EWCA Civ 1423 ("Heron's Court") reaffirms that Approved Inspectors do not owe a duty under Section 1 of Defective Premises Act 1972.

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Joanna Lewis

The HSE's business plan for 2019/2020 sets out a clear agenda to investigate Principal Designers. Since the introduction of the Principal Designer stakeholder under the CDM Regs 2015 there have been few successful prosecutions of Principal Designers, however the scrutiny of Principal Designers and their compliance with their duties is about to get a lot closer.

In this article, Joanna Lewis provides an outline of the HSE's business plan, and how this will impact Principal Designers and their duties going forward.

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David McArdle & Thomas Adamson

The Court of Appeal has confirmed that properly drafted standstill agreements can be used, resolving concerns raised by the High Court decision in Cowan v Foreman & Ors [2019] EWHC ("the case") earlier this year.

David McArdle and Thomas Adamson discuss this decision and how it will impact the use of standstill agreements in the future.

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Claire Miller and Scott Lambert

Last week KSA’s Finance Ministry announced the Government had approved a new government tenders and procurement law.

The law will regulate Government tenders and procurements and will provide greater flexibility in the procurement process and is part of the reforms being implemented in the Saudi Vision 2030 to diversify the economy and encourage more foreign investment.

The full details of the law and how it will operate are not yet available and will be supplemented by regulations, which are yet to be issued.

However in this article we outline some of the key known changes. We will keep monitoring developments regarding the implementation of this law and the issue of supporting regulations.

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Beale & Co

The Housing, Communities and Local Government Committee (“HCLGC”) published yesterday the responses to the Government’s June 2019 consultation in relation to the reform of the building safety regulatory system. The Government also set out its views on building safety work being undertaken in the UK and the progress of remedial works to high-rise developments featuring combustible cladding.

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Antony Smith and Ahmed Mian

The decision in Network Rail Infrastructure Limited v ABC Electrification Limited [2019] in the Technology and Construction Court is a clear example of the Court’s overarching principle of giving effect to the “ordinary and natural” meaning of contractual provisions.

In this article Antony Smith and Ahmed Mian discuss the case in more detail.

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Antony Smith & Anna Braden

Security for costs is an interim measure sought by a party (usually the Respondent) to protect against the potential scenario that it is eventually successful in the arbitration and is awarded its costs to be paid by the claiming party but the claiming party has insufficient money to pay the adverse costs order made against it.

In this article, Antony Smith and Anna Braden outline why a party may want to seek security for costs, what arbitration rules provide for security for costs, the common grounds for seeking security for costs and the potential difficulties in obtaining an order for security for costs in arbitration proceedings.

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Sheena Sood

Publication: Building Magazine

In Sheena Sood’s latest article for Building Magazine, she examines how the NEC4 Alliancing Contract approaches project risks, liabilities, insurance and disputes.

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