Hopkins Developments Ltd v Secretary of State for Communities and Local Government – WLR Daily

Posted April 17th, 2014 in appeals, construction industry, inquiries, news, planning by tracey

Hopkins Developments Ltd v Secretary of State for Communities and Local Government: [2014] EWCA Civ 470;   [2014] WLR (D)  170

‘Guidance as to how the principles of natural justice operated in the context of a planning inquiry under the Town and Country Planning Appeals (Determination by Inspectors) (Inquiries Procedure) (England) Rules 2000.’

WLR Daily, 15th April 2014

Source: www.iclr.co.uk

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Expert determination: Hidden pitfalls – Hardwicke Chambers

‘Expert determination is a process in which parties to a contract jointly instruct a third party to decide an issue between them. Its advantages are self-evident: quick, cheap, informal and contract-based, it has obvious attractions and can be found in many commercial contracts.’

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Hardwicke Chambers, 3rd April 2014

Source: www.hardwicke.co.uk

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Patel and another v Peters and others – WLR Daily

Patel and another v Peters and others [2014] EWCA Civ 335; [2014] WLR (D) 147

‘Where the surveyor of a party involved in a dispute over building works affecting adjoining properties served a request under section 10(7) of the Party Wall etc Act 1996 on the surveyor of the other party that he act effectively in respect of the subject matter referred to in the request within ten days, after which, if he did not so act, the requesting surveyor became entitled to act ex parte in respect of the matter, a continuing state of affairs was created so that the other party’s surveyor might still act effectively after that ten-day period, thereby precluding the requesting surveyor from acting ex parte, provided that the requesting surveyor had not yet proceeded so to act.’

WLR Daily, 27th March 2014

Source: www.iclr.co.uk

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John Jenkins: Aylesbury conman builder jailed in absence – BBC News

Posted February 26th, 2014 in construction industry, fraud, news, sentencing, warrants by tracey

‘A builder who conned a “vulnerable and lonely” Hertfordshire widow out of £532,695 has been jailed for six years in his absence.’

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BBC News, 26th February 2014

Source: www.bbc.co.uk

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High Court ruling means that challenges to arbitral awards in court remain difficult if parties have agreed to arbitrate, says expert – OUT-LAW.com

Posted February 20th, 2014 in appeals, arbitration, construction industry, news, tribunals by michael

‘A recent decision by the Technology and Construction division of the High Court has underlined how unlikely it is that a court will interfere with an award made by an arbitration tribunal.’

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OUT-LAW.com, 19th February 2014

Source: www.out-law.com

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Court of Appeal decision on limitation periods could have adverse consequences for contracting parties, says expert – OUT-LAW.com

Posted December 13th, 2013 in appeals, construction industry, contracts, limitations, news, time limits by sally

‘A recent court decision which changed the point at which the six years within which a contractor must begin litigation in the courts starts to run could lead to uncertainty for the successful party to an earlier adjudication, an expert has said.’

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OUT-LAW.com, 12th December 2013

Source: www.out-law.com

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The Supreme Court on “prohibitively expensive” costs: Aarhus again – UK Human Rights Blog

‘This is the last gasp in the saga on whether Mrs Pallikaropoulos should bear £25,000 of the costs of her unsuccessful 2008 appeal to the House of Lords. And the answer, after intervening trips to the Supreme Court in 2010 and to the CJEU in 2013, is a finding by the Supreme Court that she should bear those costs.’

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UK Human Rights Blog, 11th December 2013

Source: www.ukhumanrightsblog.com

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R (on the application of Edwards and another (Appellant) v Environment Agency and others (Respondents) – Supreme Court

R (on the application of Edwards and another (Appellant) v Environment Agency and others (Respondents) [2013] UKSC 78 | UKSC 2012/0030 (YouTube)

Supreme Court, 11th December 2013

Source: www.youtube.com/user/UKSupremeCourt

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Aspect Contracts (Asbestos) Ltd v Higgins Construction Ltd – WLR Daily

Aspect Contracts (Asbestos) Ltd v Higgins Construction Ltd [2013] EWCA Civ 1541; [2013] WLR (D) 463

‘On a true construction of an implied term in a construction contract a party was entitled, following an adjudication in which it had been the loser, but where it maintained that it had made an over-payment, to bring proceedings for repayment; and the applicable limitation period ran from the date of the over-payment.’

WLR Daily, 29th November 2013

Source: www.iclr.co.uk

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Liverpool Chandlers Wharf crane collapse driver’s £2.7m compensation – BBC News

Posted November 6th, 2013 in compensation, construction industry, health & safety, news, personal injuries by sally

“Construction firms are to pay about £2.7m in compensation to the driver of a crane that collapsed in Liverpool, leaving him paralysed.”

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BBC News, 5th November 2013

Source: www.bbc.co.uk

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Glendalough Associated SA v Harris Calnan Construction Co Ltd – WLR Daily

Posted October 23rd, 2013 in construction industry, contracts, damages, delay, law reports, tenders by tracey

Glendalough Associated SA v Harris Calnan Construction Co Ltd: [2013] EWHC 3142 (TCC);   [2013] WLR (D)  397

“Where, in adjudication proceedings brought pursuant to the Housing Grants, Construction and Regeneration Act 1996, the referring party did not assert in terms that the agreement in question was made otherwise than in writing, section 107(5) of the Act was not engaged.”

WLR Daily, 21st October 2013

Source: www.iclr.co.uk

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Construction firms to compensate workers whose names were on blacklist – The Guardian

“Major construction companies are to compensate workers whose names were on a secret industry blacklist. The dramatic development follows years of campaigning by unions after it was discovered that more than 3,200 names, mainly of building workers, were kept on the list, drawn up by a shadowy organisation called the Consulting Association.”

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The Guardian, 10th October 2013

Source: www.guardian.co.uk

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Parties to civil litigation need more guidance on costs, says expert, as High Court declines to approve “disproportionate” budgets – OUT-LAW.com

“Parties to litigation in the civil courts need more guidance about what constitutes an ‘appropriate’ costs budget and the consequences of not meeting the requirements of the new costs management regime, an expert has said.”

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OUT-LAW.com, 8th October 2013

Source: www.out-law.com

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Genesis Housing Association Ltd v Liberty Syndicate Management Ltd for and on behalf of Liberty Syndicate 4472 at Lloyd’s – WLR Daily

Genesis Housing Association Ltd v Liberty Syndicate Management Ltd for and on behalf of Liberty Syndicate 4472 at Lloyd’s [2013] EWCA Civ 1173; [2013] WLR (D) 368

“The inadvertent naming of the wrong builder in a proposal form for insurance against latent defects including cover for the insolvency of the builder during the construction of social housing units, constituted a breach of warranty entitling the insurers to avoid the policy.”

WLR Daily, 4th October 2013

Source: www.iclr.co.uk

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High Court judge expressly declines to approve “disproportionate” costs budgets – Litigation Futures

Posted October 4th, 2013 in budgets, construction industry, costs, negligence, news, proportionality by sally

“A High Court judge has expressly declined to approve the costs budget of both sides of a construction dispute on the grounds that they were ‘disproportionate and unreasonable’.”

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Litigation Futures, 4th October 2013

Source: www.litigationfutures.com

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Companies that blacklist workers face ban from public contracts in Wales – The Guardian

Posted September 12th, 2013 in company law, construction industry, news, public procurement, trade unions, Wales by tracey

“Companies that blacklist workers for taking part in trade union activity face being barred from multibillion-pound public sector contracts under plans unveiled by the Welsh government.”

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The Guardian, 11th September 2013

Source: www.guardian.co.uk

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Pre-Construction Consultation and the Futility of Dispensation – Hardwicke Chambers

“Generally, any landlord who wishes to enter into a qualifying long term agreement (‘QLTA’), viz. an agreement for a term of more than 12 months (subject to certain exceptions) as a result of which any tenant will pay a service charge of more than £100 (‘the appropriate amount’) for the relevant service charge period, must either consult in accordance with the Service Charges (Consultation Requirements) (England) Regulations 2003 (SI 2003/1987) (‘the Regulations’) or obtain a dispensation from the First-Tier Tribunal (Property Chamber) (‘PC’). Failure to consult will result in the relevant service charge being capped at the appropriate amount.”

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Hardwicke Chambers, 13th August 2013

Source: www.hardwicke.co.uk

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Adjudication decision declared invalid for serious breaches of the rules of natural justice – 4 New Square

Posted August 6th, 2013 in arbitration, construction industry, contracts, news by sally

“The grounds for impeaching an adjudication decision are extremely limited. However, Mr Justice Akenhead recently held that ABB Ltd. v BAM Nuttall Ltd [2013] EWHC 1983 (TCC), as one of those relatively rare cases in which reliance by the adjudicator on a clause of the subcontract between the parties – which neither party argued (let alone mentioned to the adjudicator) and which he did not refer to the parties before issuing his decision – was a material breach of the rules of natural justice.”

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4 New Square, 30th July 2013

Source: www.4newsquare.com

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Construction industry disputes – Panopticon

“The balance of public interest was ‘very strongly’ in favour of maintaining the confidentiality of documents in order to “protect the course of justice” both in Jackson v Info Commissioner, EA 2012/0263, FTT Decision on 19 July 2013, and in ‘many other such disputes’ said Judge Hughes. The value of the disclosure of the material was limited. The adverse impact of disclosure on dispute resolution was substantial. Judge Hughes concluded: ‘If there were to be change in the arrangements underpinning construction dispute resolution then this should be explored through a careful process of public debate and consultation leading to an amendment of the statutory framework.’”

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Panopticon, 26th July 2013

Source: www.panopticonblog.com

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Urban I (Blonk Street) Ltd v Ayres and another – WLR Daily

Posted July 12th, 2013 in appeals, construction industry, contracts, delay, law reports, sale of land by tracey

Urban I (Blonk Street) Ltd v Ayres and another: [2013] EWCA Civ 816;   [2013] WLR (D)  271

“Where, in the case of a time provision which was an innominate term, a completion notice had not been served on the contract-breaker, the other party only became entitled to terminate the contract thereafter if and when the delay was such as to go to the root of the contract, that was to say it deprived the other party of substantially the whole benefit which it was intended it should have under the contract.”

WLR Daily, 5th July 2013

Source: www.iclr.co.uk

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