Category: building law

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.’

Full Story

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.

Full Story

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.’

Full Story

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

Posted October 3rd, 2018 in building law, consultations, fire, health & safety, housing, local government, news, ombudsmen, planning by sally

‘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.’

Full Story

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.’

Full Story

Daily Telegraph, 13th November 2017

Source: www.telegraph.co.uk

Building regulations to be reviewed after safety tests following Grenfell – The Guardian

Posted July 31st, 2017 in building law, construction industry, fire, government departments, health & safety, housing, inquiries, news, regulations by sally

‘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.’

Full Story

The Guardian, 28th July 2017

Source: www.theguardian.com

Grenfell Tower— a different perspective – New Law Journal

Posted July 10th, 2017 in building law, devolution, documents, environmental health, fire, health & safety, housing, local government, London, news, regulations, Wales by sally

‘Theo Huckle QC compares & contrasts the public safety policy agendas of administrations in Westminster & Wales.’

Full Story

New Law Journal, 7th July 2017

Source: www.newlawjournal.co.uk

Issues highlighted by GB Building Ltd v SFS Fire Services Ltd – Hardwicke Chambers

Posted July 5th, 2017 in building law, construction industry, contracting out, contracts, insurance, legal language, news by sally

‘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.’

Full Story

Hardwicke Chambers, 30th June 2017

Source: www.hardwicke.co.uk

UKI (Kingsway) Ltd v Westminster City Council – WLR Daily

Posted June 21st, 2017 in building law, documents, housing, law reports, notification, rates, service, statutory interpretation by sally

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.’

Full story

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.’

Full story

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

Posted May 25th, 2016 in barristers, building law, codes of practice, duty of care, housing, local government, news, planning, solicitors, water by sally

‘New guidance is released today [24 May] for lawyers on drainage requirements for new build developments.’

Full story

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

DCLG opens technical consultation on house building standards – OUT- LAW.com

Posted September 17th, 2014 in building law, construction industry, disabled persons, elderly, housing, local government, news, standards by tracey

‘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.’

Full story

OUT-LAW.com, 15th September 2014

Source: www.out-law.com

Waterloo tower block ‘threatens view of Westminster’ – BBC News

Posted June 19th, 2013 in building law, judicial review, news, planning by sally

“A judicial review is sought over plans for a tower block that critics say will harm views of Parliament and Westminster Abbey.”

Full story

BBC News, 19th June 2013

Source: www.bbc.co.uk

Making rights to light more transparent – Law Commission

Posted February 18th, 2013 in building law, consultations, news, right to light by sally

“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.”

Full story

Law Commission, 18th February 2013

Source: www.lawcommission.justice.gov.uk

Meg Burgess wall death: Builder George Collier jailed – BBC News

Posted October 5th, 2012 in building law, causing death of children or vulnerable adults, health & safety, negligence, news by tracey

“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.”

Full story

BBC News, 5th October 2012

Source: www.bbc.co.uk