Property Rights, Crypto Tokens and Digital Assets: 8 Predictions – UK Human Rights Blog

Posted September 20th, 2022 in contracts, cryptocurrencies, Law Commission, news by tracey

‘In recent years, digital assets including cryptocurrencies and non-fungible tokens (NFTs) have commanded considerable media attention. Speaking extra-judicially in the foreward to the UKJT Statement on Crypto-assets and Smart Contracts in November 2019, the Master of the Rolls, Sir Geoffrey Vos, has stated that: “In legal terms, cryptoassets and smart contracts undoubtedly represent the future”. To what extent should the law of the future grant property rights in respect of crypto assets? Will the inalienable right to peaceful enjoyment of possessions apply to tokens existing only on the blockchain? Or to NFTs residing only in the “metaverse”?’

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UK Human Rights Blog, 16th September 2022

Source: ukhumanrightsblog.com

Football clubs warned over tax risk from dual-role agents – OUT-LAW.com

Posted August 22nd, 2022 in contracts, HM Revenue & Customs, news, sport, taxation by tracey

‘Football clubs in the UK have been warned that they may be underpaying tax owed in respect of player contracts in cases where agents have represented both them and the player in the contract negotiations.’

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OUT-LAW.com, 19th August 2022

Source: www.pinsentmasons.com

NEC and notices of dissatisfaction – Practical Law: Construction Blog

Posted August 15th, 2022 in construction industry, contracts, dispute resolution, news, notification by tracey

‘Getting the notice right is important for all construction contracts and NEC is no exception. Failing to issue a notice as required under the contract can have serious consequences and in NEC this is often an issue that arises in relation to the obligation to notify compensation events within an eight week period (clause 61.3 of NEC4 ECC). Another key issue arises in respect of the obligation to issue a notice of dissatisfaction within 28 days of an adjudicator’s decision, as a failure to do so will mean that such decision becomes final and binding, and cannot be challenged by referring it to the tribunal (clause W2.4(1) of NEC4 ECC). Three recent decisions have considered notices of dissatisfaction under NEC, highlighting the importance of getting it right.’

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Practical Law: Construction Blog, 10th August 2022

Source: constructionblog.practicallaw.com

The High Court’s approach to cladding claims – Local Government Lawyer

‘Judith Hopper and William Cursham analyse a recent ruling where a High Court judge awarded a housing association substantial damages in a claim relating to defective cladding.’

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Local Government Lawyer, 4th August 2022

Source: www.localgovernmentlawyer.co.uk

TCC’s judgment in Martlet v Mulalley, a cladding fire safety dispute – Practical Law: Construction Blog

‘Cladding disputes have been ubiquitous in recent years. They are a consequence of the tragic fire at Grenfell Tower in June 2017, which led to a wave of inspections, investigations and scrutiny across the UK as building owners sought to ascertain whether or not their buildings were similarly defective. That process has resulted in numerous disputes relating to all sorts of different buildings – whether residential or commercial, old or new, publicly owned or private developments – which have kept practitioners extremely busy over the past five years.’

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Practical Law: Construction Blog, 28th July 2022

Source: constructionblog.practicallaw.com

Fire safety ruling has implications for cladding disputes – OUT-LAW.com

‘Construction companies contracted to design and build cladding systems for buildings may have to pick up the cost of replacing those systems in light of a new ruling by the High Court in London.’

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OUT-LAW.com, 25th July 2022

Source: www.pinsentmasons.com

Gama Aviation v MWWMMWM: the problem of contractual formalities and informal novation – Practical Law: Construction Blog

Posted July 14th, 2022 in amendments, contracts, interpretation, news by tracey

‘The problem of what happens when parties do not act in accordance with contractual formalities is a hardy perennial in commercial disputes. Certain instances of the problem are peculiar to the construction industry, notably absent or inadequate notices of events giving rise to time and money, or absent or inadequate payment or pay less notices. Each of these has given rise to complex caselaw. Other instances are common to all commercial contexts. One is the practice of including a “no oral modification” clause in a contract, but then informally agreeing an amendment. This situation has proved sufficiently difficult to require a thorough review and restatement of the law by the Supreme Court in MWB Business Exchange Centres Ltd v Rock Advertising Ltd.’

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Practical Law: Construction Blog, 13th July 2022

Source: constructionblog.practicallaw.com

Adjudicator reaches decision in “procedurally unjust manner” so not enforced – Practical Law: Construction Blog

‘Sometimes it feels that, as an adjudicator, you are damned if you do and are also damned if you don’t. In this case – Liverpool CC v Vital Infrastructure Asset Management (Viam) Ltd (In Administration) – it was both what the adjudicator did do and what he didn’t do that led the judge to issue a declaration that his decision was unenforceable. But how did the judge, HHJ Stephen Davies, arrive at this point?’

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Practical Law: Construction Blog, 21st June 2022

Source: constructionblog.practicallaw.com

CMA provisionally finds construction firm cartels rigged £150m of contracts – The Independent

Posted June 24th, 2022 in competition, construction industry, contracts, fines, news, ombudsmen by tracey

‘A group of 10 construction firms illegally colluded to rig bids for £150 million of major contracts, according to provisional findings by the UK competition watchdog.’

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The Independent, 24th June 2022

Source: www.independent.co.uk

Exclusions and independent schools: options for families – 5SAH

Posted May 24th, 2022 in complaints, contracts, equality, news, school exclusions by sally

‘England and Wales are home to some of the world’s most celebrated independent schools. They provide life-changing opportunities and are seen by many as a passport to success.’

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5SAH, 17th May 2022

Source: www.5sah.co.uk

Does the platinum jubilee bank holiday entitle a contractor to an extension of time? – Practical Law: Construction Blog

Posted May 6th, 2022 in construction industry, contracts, holidays, news by tracey

‘An additional bank holiday has been created in the UK this year to celebrate the Queen’s Platinum Jubilee. Does this entitle a contractor to claim an extension of time? A client recently asked this question in the context of a project using the JCT Design and Build Contract 2016. It certainly throws up a number of issues.’

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Practical Law: Construction Blog, 4th May 2022

Source: constructionblog.practicallaw.com

Crystal clear: “no dispute” defences unlikely to succeed at adjudication enforcement – Practical Law: Construction Blog

‘While defendants in adjudication enforcement proceedings often assert jurisdictional defences as a matter of course, Eyre J’s judgement in BraveJoin Co Ltd v Prosperity Moseley Street Ltd is a reminder that – in practical terms – they will rarely succeed, particularly where they rely on the absence of a crystallised dispute.’

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Practical Law: Construction Blog, 11th April 2022

Source: constructionblog.practicallaw.com

JCT’s insolvency payment regime – how does it work? – Practical Law: Construction Blog

Posted April 11th, 2022 in construction industry, contracts, debts, insolvency, news by tracey

‘The case of Levi Solicitors LLP v Wilson and another considered the impact of contractor insolvency on debts owed to an employer under a JCT contract.
Significantly, the court helpfully clarified how the payment regime under JCT contracts operated in the context of insolvency. This blog takes a closer look at the case.’

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Practical Law: Construction Blog, 6th April 2022

Source: constructionblog.practicallaw.com

Restricted development: Good faith obligations in development agreements; and the Court’s inherent jurisdiction to alter the register – Falcon Chambers

Posted April 8th, 2022 in chambers articles, construction industry, contracts, jurisdiction, news by sally

‘The recent High Court decision in Quay House Admirals Way Land Ltd and another v Rockwell Properties Ltd [2022] EWHC 545 (Ch) raises and answers interesting questions about interim remedies, good faith obligations, and the inherent jurisdiction of the Court to order the alteration of the register, all of which will be of interest to all property litigators.’

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Falcon Chambers, March 2022

Source: www.falcon-chambers.com

Managing PFI contract expiry risks – updated IPA guidance – Practical Law: Construction Blog

Posted March 25th, 2022 in construction industry, contracts, news by tracey

‘On 28 February 2022, the Infrastructure and Projects Authority (IPA) published its latest guidance to contracting authorities (CAs) on preparing for PFI contract expiry. It provides practical guidance on managing expiry and service transition. We have previously written about the IPA’s earlier guidance and its PFI expiry health check report.’

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Practical Law: Construction Blog, 23rd March 2022

Source: constructionblog.practicallaw.com

TCC’s useful reminder of limits of natural justice challenges to adjudicators’ decisions – Practical Law: Construction Blog

‘The case in question is Bilton and Johnson (Building) Co Ltd v Three Rivers Property Investments Ltd, which was heard by Mr Jason Coppell QC (sitting as a deputy High Court judge). I admit that the case doesn’t tell us anything new about the law of adjudication, but it is a useful reminder of the limits of natural justice challenges to adjudicators’ decisions, as well as the fact that whether an adjudicator’s findings are correct as a matter of law is not material to whether their decision should be enforced.’

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Practical Law: Construction Blog, 18th March 2022

Source: constructionblog.practicallaw.com

Speech by Mr Justice Foxton: Edmund King Memorial Lecture – Courts and Tribunals Judiciary

Posted March 15th, 2022 in contracts, France, legal history, speeches by tracey

‘Mr Justice Foxton, who sits in the Commercial Court, has delivered a lecture in memory of Edmund King QC to a joint meeting of the London Common Law and Commercial Bar Association (COMBAR) and the Administrative Law Bar Association. Entitled “What did the French ever do for us? Historic and prospective French influences on English private law”, the speech addressed the influence of French legal writers and concepts on the development of English private law.’

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Courts and Tribunals Judiciary, 14th March 2022

Source: www.judiciary.uk

Farrar Out – Local Government Lawyer

‘Clare Mendelle and James Goldthorpe discuss how the insolvency of Farrar Construction leads to clarity from the Courts on dealing with an insolvent contractor under JCT.’

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Local Government Lawyer, 11th March 2022

Source: www.localgovernmentlawyer.co.uk

Lumley v Foster – the danger of oral contracts and contracting with the correct entity – Practical Law: Construction Blog

Posted March 10th, 2022 in construction industry, contracts, news by tracey

‘Despite the volumes of case law illustrating the dangers of not having a written contract when carrying out a construction project, it is still common practice, particularly for smaller domestic projects and in this current market where builders are in high demand, for parties not to have a formal contract. Nine times out of ten all will be absolutely fine: works will progress, any small issues will be amicably overcome between the parties, the project will complete and everyone will be satisfied with the result. But construction projects can be uncertain beasts. Every now and then, things won’t run so smoothly. There may be defects, delays, cost pressures, design changes, or any variety of unforeseen issues. This is when not having a written contract to fall back on can become a real problem. The case of Lumley v Foster is a good reminder of what can happen if a written contract is not put in place.’

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Practical Law: Construction Blog. 9th March 2022

Source: constructionblog.practicallaw.com

JCT insolvency ruling: time limit on termination not condition precedent – OUT-LAW.com

Posted March 7th, 2022 in company law, construction industry, contracts, debts, insolvency, news, time limits by tracey

‘An English High Court ruling in an insolvency case concerning a Joint Contracts Tribunal (JCT) Minor Works contract (2011) could apply to other standard form contracts in the same suite, a legal expert has said.’

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OUT-LAW.com, 4th March 2022

Source: www.pinsentmasons.com