Firm claims first victory in contested cavity wall insulation case – Litigation Futures

Posted June 17th, 2019 in building law, damages, law firms, news by tracey

‘A north-west law firm has won what it believes is the first contested case against installers of faulty cavity wall insulation.’

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Litigation Futures, 17th June 2019

Source: www.litigationfutures.com

“Practical completion” considered by Court Appeal for first time in 50 years – Practical Law: Construction Blog

Posted April 5th, 2019 in building law, construction industry, contracts, landlord & tenant, leases, news by tracey

‘It is well known that practical completion is often easier to recognise than it is to define, which is why the Court of Appeal’s judgment in Mears Ltd v Costplan Services (South East) Ltd and others is an important read for construction practitioners.’

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Practical Law: Construction Blog, 29th March 2019

Source: constructionblog.practicallaw.com

Clancy Docwra Ltd v E.ON Energy Solutions Ltd [2018] EWHC 3124 (TCC) – Hardwicke Chambers

Posted February 20th, 2019 in building law, construction industry, contracts, documents, news, rectification, tenders by sally

‘In this case tender documentation appended to the Sub-Contract documentation had the effect of limiting the scope of obligations under the Sub-Contract.’

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Hardwicke Chambers, 25th January 2019

Source: hardwicke.co.uk

Private AI – claims against approved inspectors – Practical Law: Construction Blog

Posted February 12th, 2019 in building law, defective premises, health & safety, insurance, negligence, news by tracey

‘The extent to which property owners of a defective building have a valid claim against professionals with involvement in the development is a subject that has recently seen an upsurge in interest and litigation. In the past months two TCC judgments have been published that consider the particular role and potential liabilities of approved inspectors (AIs): Zagora Management Ltd and others v Zurich Insurance plc and others and Lessees and Management Company of Herons Court v Heronslea Ltd and others.

To the disappointment of property owners, and perhaps the relief of insurers, these cases demonstrate the difficulties claimants face in succeeding against AIs.’

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Practical Law: Construction Blog, 11th February 2019

Source: constructionblog.practicallaw.com

Grove Developments Limited v S&T (UK) Limited [2018] EWCA Civ 2448 – Hardwicke Chambers

Posted December 12th, 2018 in building law, contracts, damages, dispute resolution, enforcement, news by sally

‘The Court of Appeal has recently upheld Coulson J’s judgment in Grove Developments Limited v S&T (UK) Limited [2018] EWCA Civ 2448, confirming that an employer is entitled to refer to adjudication a dispute over the true value of a contractor’s interim payment application despite failing to serve a valid pay less notice. However, the Court also stressed that this entitlement to adjudication could only be exercised after the employer paid the sum due in the interim payment application.’

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Hardwicke Chambers, 15th November 2018

Source: hardwicke.co.uk

Government to review safety advice amid new high-rise cladding fears – The Guardian

Posted November 28th, 2018 in building law, construction industry, fire, health & safety, news, regulations by tracey

‘The government has ordered a review of building safety advice amid concerns that scores of tall buildings fitted with combustible cladding and insulation may have been missed by a testing programme following the Grenfell Tower fire.

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The Guardian, 27th November 2018

Source: www.theguardian.com

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.’

Full story

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