Grenfell Tower— a different perspective – New Law Journal
‘Theo Huckle QC compares & contrasts the public safety policy agendas of administrations in Westminster & Wales.’
New Law Journal, 7th July 2017
Source: www.newlawjournal.co.uk
Category: building law
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.’
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
‘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.’
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
‘Homeowners who want to expand their basements may now be forced to seek specific planning permission after a High Court ruling.’
Daily Telegraph, 2nd December 2016
Source: www.telegraph.co.uk
Late Amendments to Pleadings – Proceed with Caution – Zenith PI Blog
‘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.’
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
‘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.’
Out-Law.com, 21st October 2016
Source: www.out-law.com
Regina (Hourhope Ltd) v Shropshire Council – WLR Daily
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
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.’
OUT-LAW.com, 15th September 2014
Source: www.out-law.com
Waterloo tower block ‘threatens view of Westminster’ – BBC News
“A judicial review is sought over plans for a tower block that critics say will harm views of Parliament and Westminster Abbey.”
BBC News, 19th June 2013
Source: www.bbc.co.uk
Making rights to light more transparent – Law Commission
“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.”
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.”
BBC News, 5th October 2012
Source: www.bbc.co.uk
Jenson and another v Faux – WLR Daily
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
“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.”
Daily Telegraph, 23rd July 2010
Source: www.telegraph.co.uk
Bath Spa: Council paid £4m compensation for delay – BBC News
“Bath and North East Somerset Council was paid at least £4.17m in compensation for the delayed Bath Spa Project, its accounts have revealed.”
BBC News, 9th December 2009
Source: www.bbc.co.uk
Victory for anti-scald campaign – BBC News
“A campaign to reduce injuries caused by scalding in the bath has brought about a change to building regulations.”
BBC News, 11th June 2009
Source: www.bbc.co.uk
Council to sue £21m over Bath Spa – BBC News
“Bath and North East Somerset Council is to sue a building firm for £21m after a luxury spa opened five years late.”
BBC News, 15th December 2008
Source: www.bbc.co.uk
Judge slams Wembley dispute’s £22m costs total – The Lawyer
“A judge has hit out at the participants involved in a four-year dispute over the construction of Wembley Stadium after they racked up £22m in costs, including £1m on photocopying.”
The Lawyer, 6th October 2008
Source: www.thelawyer.com
