‘The bundle prepared for the Court of Appeal should be an aid, “not an obstacle course”, Lord Justice Jackson has said in ruling that no party in a case before him would be entitled to recover the costs of preparing it.’
Litigation Futures, 10the July 2015
Source: www.litigationfutures.com
‘The High Court has found that a planning inspector did not make errors of law in his decision to dismiss an appeal that would have permitted a 320-home development on a greenfield site to the south of Stafford.’
Full story
OUT-LAW.com, 7th July 2015
Source: www.out-law.com
Aspect Contracts (Asbestos) Ltd v Higgins Construction plc: [2015] UKSC 38; [2015] WLR (D) 261
‘An unsuccessful party in a construction contract adjudication was entitled to be repaid any money paid pursuant to the adjudication if the underlying dispute was finally determined in his favour, and the cause of action for the recovery of such money accrued on the date on which the money was paid. However, the cause of action of a party who wished to bring proceedings for more than the amount which he had been awarded under an adjudication accrued on the date of the relevant breach of contract or duty.’
WLR Daily, 17th June 2015
Source: www.iclr.co.uk
‘This brief paper arises out of a 39 Essex Chambers seminar on the 19 March 2015. The title of the Seminar was “Adjudication Enforcement: Time for a Change?”. The seminar comprised two debates. The first debate considered the strengths and weaknesses of adjudication as it stands at the moment. The second debate looked afresh at the Human Rights Act and asked whether or not it might yet impact adjudication. Each debate has a short introduction. This paper is an amalgam of the two introductions.’
Full story (PDF)
39 Essex Chambers, 2nd April 2015
Source: www.39essex.com
Self-build and Custom Housebuilding Act 2015 published
Source: www.legislation.gov.uk
‘The modern slavery bill now in parliament must ensure big business respects human rights in providing its goods and services worldwide, not just in the UK.’
The Guardian, 24th March 2014
Source: www.guardian.co.uk
‘The question we pose ourselves this morning is: to what extent is the use of Building Information Modelling (“BIM”) in the construction industry in the UK, changing the legal landscape for the liability of construction professionals for design defects in construction and engineering projects?’
Full story (PDF)
Thirty Nine Essex Street, January 2015
Source: www.39essex.com
‘The Technology and Construction Court has reiterated that, in considering whether to lift the statutory suspension of the placing of a public contract following a challenge by an unsuccessful tenderer, it will apply the American Cyanamid principles, as those principles are consistent with the requirements of Directive 2007/66/EC on the award of public contracts.’
Full story (PDF)
Henderson Chambers, 17th March 2015
Source: www.hendersonchambers.co.uk
Savoye and another v Spicers Ltd [2014] EWHC 4195 (TCC); [2015] WLR (D) 17
‘The factual test of whether something formed “part of the land” for the purposes of section 105(1) of the Housing Grants, Construction and Regeneration Act 1996 was informed, but not circumscribed, by principles to be found in the law of real property and fixtures and ultimately was a question of fact and degree, looking at the purpose of the object or installation and having regard to the installation as a whole, rather than each individual element.’
WLR Daily, 15th December 2015
Source: www.iclr.co.uk
‘Termination disputes are often very bitter, expensive and hard fought. They usually arise when there has been a complete breakdown in relationship between the employer and the contractor. If the party who believes that is is entitled to terminate the contract gets it wrong, it is very likely that its conduct will be regarded as repudiatory and the other party will be entitled to accept that breach and claim damages.’
Full story (PDF)
Thirty Nine Essex Street, October 2014
Source: www.39essex.com
‘Notwithstanding the economic upturn, many UK contractors are still tendering for work at negative margins; sustaining losses; and arguably operating one major dispute away from the brink. This article examines the common forms of security used by employers to safeguard performance by contractors, and/or protect against insolvency, and considers the degree of comfort they afford.’
Hardwicke Chambers, 16th October 2014
Source: www.hardwicke.co.uk
‘This Article considers the TCC decision of Mul v Hutton Construction Limited [2014] EWHC 1797 (TCC), which provides authority on the meaning of an “appropriate deduction” in the JCT standard forms and the possible consequences of that decision for parties to such contracts.’
Hardwicke Chambers, 16th October 2014
Source: www.hardwicke.co.uk
‘Most construction professionals will be familiar with net contribution clauses (NCCs) in consultants’ appointments and collateral warranties but their use should not necessarily be limited to the construction sector. They may be useful in any project where professionals from a multiplicity of disciplines are retained.’
Hardwicke Chambers, 19th September 2014
Source: www.hardwicke.co.uk
‘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
‘A contractor (the respondent) to which building work had been subcontracted which it had in turn subcontracted to another contractor (the appellant) which undertook to indemnify the respondent against liability for the appellant’s negligence was not prevented by its own negligence from enforcing the indemnity clause.’
WLR Daily, 11th July 2014
Source: www.iclr.co.uk
‘Rogue builders who scammed older people out of over £70,000 have been given jail terms at Newport Crown Court.’
BBC News, 4th July 2014
Source: www.bbc.co.uk
‘Eight construction firms have announced the launch of a scheme aimed at compensating workers who were victims of past blacklisting in the industry. Under the scheme, workers on the list would be paid £4,000 on a fast-track basis rising to £20,000 if they can prove discrimination. In more serious cases, up to £100,000 could be awarded.’
BBC News, 4th July 2014
Source: www.bbc.co.uk
‘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
‘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.’
Hardwicke Chambers, 3rd April 2014
Source: www.hardwicke.co.uk
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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