“The breach by a sewerage undertaker of its duty under section 106 of the Water Industry Act 1991 to permit connection of a private sewer to the public sewer did not give rise to a liability in nuisance.”
WLR Daily, 27th March 2013
Source: www.iclr.co.uk
Westfields Construction Ltd v Lewis [2013] EWHC 376 (TCC); [2013] WLR (D) 93
“Occupation of a property was an ongoing process and could not be tested by reference to a single snapshot in time in determining whether a property owner was a ‘residential occupier’ for the purposes of section 106 of the Housing Grants, Construction and Regeneration Act 1996.”
WLR Daily, 27th March 2013
Source: www.iclr.co.uk
“Essex Police is to be sued over its investigation into the death of a man found
with multiple injuries in a cement mixer.”
BBC News, 4th February 2013
Source: www.bbc.co.uk
“Decision by the Metropolitan police not to investigate claims that officers supplied information to the blacklist faces appeal by workers’ lawyers.”
The Guardian, 1st February 2013
Source: www.guardian.co.uk
“Adjudicators are increasingly called upon to adjudicate upon complex, multi-faceted disputes. It is now well established that ‘a dispute’ can encompass several discrete issues and the TCC has striven to avoid an overly legalistic approach and to apply common sense when deciding whether a claim encompasses ‘a dispute’ or not.”
Hardwicke Chambers, 7th January 2013
Source: www.hardwicke.co.uk
“In these somewhat tricky financial times, it is unsurprising that the Government is keen to persuade property developers to do their bit to kick-start the ailing economy by dusting off chunks of their carefully land-banked acreage and getting on with long-shelved construction projects. However, many things have changed in this post-banking-apocalypse world, and it is unlikely that developers will be in a position simply to take up projects exactly where they left off a few years ago. In addition to the obvious funding difficulties they now face, developers large and small will need to be alert to changes in planning policy and local needs since they put their projects on hold. These will be particularly relevant where the developer requires an extension of time on the original planning permission or where he wishes to escape from or mitigate the burden of an obligation previously accepted in order to obtain that permission or to deal with reserved matters.”
Hardwicke Chambers, 10th December 2012
Source: www.hardwicke.co.uk
“Regulations covering building standards, including fire safety and wheelchair access, could be torn up in a government plan to cut costs for the construction industry and boost the economy.”
The Guardian, 26th October 2012
Source: www.guardian.co.uk
“The Government’s decision to repeal a law designed for regulating property sales and rely on general consumer protection legislation instead will expose housebuilders to new risks and increase their costs at a time when they can scarcely afford it.”
OUT-LAW.com, 15th October 2012
Source: www.out-law.com
“A construction firm has been fined £450,000 for breaching safety rules which led to a 21-year-old roofer falling through a hole in a roof and dying two years later.”
BBC News, 4th October 2012
Source: www.bbc.co.uk
“A recently announced government reform of the planning laws would extend permitted development rights to house extensions of double the pre-existing limits, to 6m (19 feet) beyond the back wall of a semi-detached house, or 8m (26 feet) in the case of a detached house. The relaxation of the rules, for a fixed three year period, is designed to stimulate construction activity and economic growth. These proposals, however, which will remove the requirement for planning permission, rest on a fundamental misconception as to the role of the planning system. Planning is supposed to deliver a balanced decision based on weighing up all relevant considerations. As any local parish or district councillor knows, extension proposals are often the most contentious proposals because of neighbours’ concerns over loss of privacy, amenity and reduction of property values. Poisonous neighbourhood disputes will undoubtedly increase across the land because concerned neighbours and councillors will no longer have a say on these important local matters.”
Halsbury’s Law Exchange, 3rd October 2012
Source: www.halsburyslawexchange.co.uk
“The government wants to get planning officers ‘off people’s backs’ with a relaxation of current rules in England.”
BBC News, 6th September 2012
Source: www.bbc.co.uk
“Workers blacklisted by the construction industry over more than three decades have launched a high court claim against industry giant Sir Robert McAlpine, the Tory donor and builder of the Olympic Stadium, for conspiring with other firms to keep them out of work.”
The Guardian, 29th July 2012
Source: www.guardian.co.uk
“A union is taking legal action to seek compensation on behalf of workers it claims were blacklisted by one of the UK’s biggest companies.”
The Independent, 11th June 2012
Source: www.independent.co.uk
“The Consulting Association, a shadowy organisation that compiled a list of ‘troublemakers’ — with the help of the security services — for Britain’s biggest building companies was closed four years ago. Only now can its 3,200 victims go to court and hope to win.”
The Guardian, 3rd March 2012
Source: www.guardian.co.uk
“If you are a party to a construction contract and are trying to find a fast and efficient way to resolve a dispute arising out of the contract, you may be able to take advantage of the adjudication procedure set out in the Housing, Grants, Construction and Regeneration Act 1996 and the Statutory Scheme for Construction Contracts Regulations 1998. Catherine Piercy has written an article to assist in determining whether your contract falls within the statutory scheme. Once you have decided that you have a construction contract which falls within the HGCRA and is subject to the Statutory Scheme, this article provides a step by step guide to the adjudication and the adjudication process.”
Hardwicke Chambers, 10th February 2012
Source: www.hardwicke.co.uk
“Adjudication is an increasingly used form of dispute resolution within the construction industry. It involves an independent, third party, considering the factual and legal arguments put forward by each party to a construction contract in order to resolve a dispute that has arisen under the contract.”
Hardwicke Chambers, 10th February 2012
Source: www.hardwicke.co.uk
“In a property context, when we talk about adjudication, we normally mean the Land Registry adjudication procedure for resolving disputes about registered land.”
Hardwicke Chambers, 30th November 2011
Source: www.hardwicke.co.uk
“A firm has been fined after a construction worker was badly burnt when he struck an underground cable while drilling to put up a sign.”
BBC News, 16th November 2011
Source: www.bbc.co.uk
Rainy Sky SA and others v Kookmin Bank [2011] UKSC 50; [2011] WLR (D) 311
“When the term of a contract was capable of having two possible meanings which were both arguable, it was appropriate for the court to have regard to considerations of commercial common sense and to adopt the construction which was more, rather than less, commercial.”
WLR Daily, 2nd November 2011
Source: www.iclr.co.uk
Construction Industry Training Board v Beacon Roofing Ltd: [2011] EWCA Civ 1203; [2011] WLR (D) 302
“The issue as to whether the purpose of an agreement or arrangement between an employer and another person was wholly or mainly the provision of that or any other person’s services to the employer in his trade or business within the definition of a ‘labour-only agreement’ in article 2(1)(h) of the Industrial Training Levy (Construction Industry Training Board) Order 2009 was to be determined objectively by reference to the terms of the contract and the relevant background, and not by reference to the reasons of either or both of the parties for entering into the contract.”
WLR Daily, 26th October 2011
Source: www.iclr.co.uk
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