Adjudicator’s chicken and egg jurisdictional dilemma – Practical Law: Construction Blog

Posted October 5th, 2018 in building law, contracts, dispute resolution, jurisdiction, news by tracey

‘The last time I looked at the dispute between Rawlings Consulting (UK) Ltd and Maelor Foods Ltd, I was talking about HHJ Eyre’s judgment and how the arbitration clause in a JCT standard building contract can “trump” a Part 8 application for declaratory relief. This time, I’m looking at HHJ Stephen Davies’ judgment and Maelor’s (the employer) jurisdictional challenge, based on the argument that the dispute which Rawlings (the contractor) referred to adjudication arose under more than one contract.’

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Practical Law: Construction Blog, 2nd October 2018

Source: constructionblog.practicallaw.com

Planning reforms to give councils more flexibility to dispose of surplus land – Local Government Lawyer

‘The government has announced plans to consult on further reforms to the planning system, including giving local authorities more flexibility to dispose of surplus land that could instead accommodate new homes.’

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Local Government Lawyer, 2nd October 2018

Source: www.localgovernmentlawyer.co.uk

Close dangerous fire safety loophole, London Fire Brigade says in wake of Grenfell disaster – Daily Telegraph

Posted November 13th, 2017 in building law, fire, fire services, health & safety, London, news by tracey

‘A fire safety loophole means “dangerous decisions” are being made about building design that could lead to more serious blazes, the London Fire Brigade has warned.’

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Daily Telegraph, 13th November 2017

Source: www.telegraph.co.uk

Building regulations to be reviewed after safety tests following Grenfell – The Guardian

‘The government has announced an independent review of building regulations after tests showed that at least 82 residential high-rises use a combination of insulation and cladding that does not meet fire safety standards.’

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The Guardian, 28th July 2017

Source: www.theguardian.com

Grenfell Tower— a different perspective – New Law Journal

‘Theo Huckle QC compares & contrasts the public safety policy agendas of administrations in Westminster & Wales.’

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New Law Journal, 7th July 2017

Source: www.newlawjournal.co.uk

Issues highlighted by GB Building Ltd v SFS Fire Services Ltd – Hardwicke Chambers

‘Practical completion is a key concept in any construction project. It has a significant impact on a party’s rights and obligations, and represents a major milestone in the overall project timetable. Under the majority of construction projects, it marks the point at which the clock starts running for the overall transfer of risk from the contractor to the owner.’

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Hardwicke Chambers, 30th June 2017

Source: www.hardwicke.co.uk

UKI (Kingsway) Ltd v Westminster City Council – WLR Daily

UKI (Kingsway) Ltd v Westminster City Council [2017] EWCA Civ 430

‘The freeholder of a building being redeveloped failed to agree with the local billing authority a date on which the building would be brought into the ratings list. The authority subsequently delivered to the manager of the building a completion notice addressed to “the owner” specifying a date. The manager, who was not authorised to accept legal documents on behalf of the freeholder, scanned the document and e-mailed a copy to the freeholder. When the building was entered onto the ratings list the freeholder appealed on the grounds that the completion notice was invalid and had not been validly served. Before the Court of Appeal the sole issue was the validity of service.’

WLR Daily, 15th June 2017

Source: www.iclr.co.uk

Judge quashes permission in basement and permitted development rights case – Local Government Lawyer

Posted December 9th, 2016 in building law, interpretation, local government, London, news, planning by sally

‘A judge has quashed the London Borough of Camden’s grant of planning permission for a basement extension, deciding that the planning committee misdirected itself over the volume of associated engineering works.’

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Local Government Lawyer, 6th December 2016

Source: www.localgovernmentlawyer.co.uk

Blow to basement-builders as judge rules specific planning permission is needed – Daily Telegraph

Posted December 5th, 2016 in building law, news, planning by sally

‘Homeowners who want to expand their basements may now be forced to seek specific planning permission after a High Court ruling.’

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Daily Telegraph, 2nd December 2016

Source: www.telegraph.co.uk

Late Amendments to Pleadings – Proceed with Caution – Zenith PI Blog

Posted December 2nd, 2016 in amendments, building law, contracts, duty of care, news, pleadings by sally

‘The Claimant had purchased a new build property which had been constructed by the First Defendant company. Slightly over a year later the Claimant tripped over a paved step in her garden which rendered her tetraplegic. The other Defendants to the claim were the directors of the First Defendant and the contractor who had been engaged to lay the paving in the garden.’

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Zenith PI Blog, 30th November 2016

Source: www.zenithpi.wordpress.com

Compliance with the pre-action protocol for construction and engineering disputes – Out-Law.com

Posted October 24th, 2016 in building law, civil procedure rules, news by michael

‘A specific pre-action protocol applies to construction and engineering disputes. These claims are typically heard by the Technology and Construction Court (TCC) division of the High Court.’

Full guide

Out-Law.com, 21st October 2016

Source: www.out-law.com

New drainage guidance for lawyers published – Legal Futures

‘New guidance is released today [24 May] for lawyers on drainage requirements for new build developments.’

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Legal Futures, 24th May 2016

Source: www.legalfutures.co.uk

Regina (Hourhope Ltd) v Shropshire Council – WLR Daily

Posted March 11th, 2015 in building law, law reports, local government, planning by tracey

Regina (Hourhope Ltd) v Shropshire Council: [2015] EWHC 518 (Admin); [2015] WLR (D) 100
‘The relevant question for determining whether the demolition deduction applied for the purposes of regulation 40 of the Community Infrastructure Regulations 2010 was whether the building was in actual lawful use at the material time and not whether there was a lawful use to which it could have been put.’

WLR Daily, 2nd March 2015

Source: www.iclr.co.uk

Regina (Gra Acquisition Ltd) v Oxford City Council – WLR Daily

Posted February 11th, 2015 in building law, law reports, local government, planning by sally

Regina (Gra Acquisition Ltd) v Oxford City Council [2015] EWHC 76 (Admin); [2015] WLR (D) 47

‘There was no exhaustive or exclusive statutory rule to the effect that a single building and its curtilage, whatever their nature, scale or relationship to each other, could never be listed as a conservation area pursuant to section 69 of the Planning (Listed Buildings and Conservation Areas) Act 1990.’

WLR Daily, 22nd January 2015

Source: www.iclr.co.uk

DCLG opens technical consultation on house building standards – OUT- LAW.com

‘The Department for Communities and Local Government (DCLG) opened a consultation last week on a series of proposed changes to the existing system of housing standards, which seek to reduce and simplify the rules house builders must comply with.’

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OUT-LAW.com, 15th September 2014

Source: www.out-law.com

Waterloo tower block ‘threatens view of Westminster’ – BBC News

Posted June 19th, 2013 in building law, judicial review, news, planning by sally

“A judicial review is sought over plans for a tower block that critics say will harm views of Parliament and Westminster Abbey.”

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BBC News, 19th June 2013

Source: www.bbc.co.uk

Making rights to light more transparent – Law Commission

Posted February 18th, 2013 in building law, consultations, news, right to light by sally

“In a consultation opening today the Law Commission is asking for views on the current law on rights to light, including their creation, enforcement and extinguishment.”

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Law Commission, 18th February 2013

Source: www.lawcommission.justice.gov.uk

Meg Burgess wall death: Builder George Collier jailed – BBC News

“A builder has been given a two year jail term after a three-year-old girl died when she was crushed by a collapsing wall.”

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BBC News, 5th October 2012

Source: www.bbc.co.uk

Jenson and another v Faux – WLR Daily

Posted April 15th, 2011 in building law, defective premises, law reports, statutory duty by sally

Jenson and another v Faux [2011] EWCA Civ 423;  [2011] WLR (D)  133

“A contractor who carried out works to a dwelling owed a duty under section 1 of the Defective Premises Act 1972 to see that the work was done in a workmanlike or professional manner. That duty was owed to the person for whom the works were carried out and the purchaser to whom that property was subsequently sold where the dwelling was new, or if refurbished or extended, it was wholly different from the old dwelling. The Act did not apply to improvements which did not sufficiently change the character of the property so as to amount to a new dwelling.”

WLR Daily, 13th April 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

People in rural villages to be allowed to build on green belt without planning permission – Daily Telegraph

Posted July 23rd, 2010 in bills, building law, news, planning by sally

“People living in rural communities will be able to give themselves the right to build on local green belt land without planning permission, under plans to be unveiled today.”

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Daily Telegraph, 23rd July 2010

Source: www.telegraph.co.uk