‘A consortium of construction companies has failed in an appeal over a High Court judge’s dismissal of its claim for a declaration that the decision of an independent expert in relation to a revised section 106 agreement was not conclusive and binding on the parties.’
Local Government Lawyer, 16th November 2020
Source: www.localgovernmentlawyer.co.uk
‘Where the contractor has become insolvent, what obligations can an employer enforce when stepping-in to a previously novated professional consultant’s appointment in a design and build scenario?’
Practical Law: Construction Blog, 3rd November 2020
‘Hot on the heels of the Supreme Court’s decision in Bresco Electrical Services Ltd v Michael J Lonsdale (Electrical) Ltd, in what may be the first summary judgment to enforce an adjudicator’s decision in favour of a party in administration, we have successfully represented the claimant in Styles and Wood Ltd (in administration) (S&W) v GE CIF Trustees Ltd.’
Practical Law: Construction Blog, 1st October 2020
‘Time flies when you are having fun, or so the saying goes. I think it flies whether you are having fun or not, although I’m sure we’ve all experienced those moments when it isn’t flying at all and it feels like it has stood still. As Pink Floyd famously sang, “Ticking away the moments that make up a dull day”. You may wonder why I am talking about time. Well, it’s because of the events leading up to Fraser J’s judgment in John Doyle Contractors Ltd v Erith Contractors Ltd. They are all to do with time.’
Practical Law: Construction Blog, 29th September 2020
‘Hot on the heels of the Supreme Court’s decision in Bresco Electrical Services Ltd v Michael J Lonsdale (Electrical) Ltd, in what may be the first summary judgment to enforce an adjudicator’s decision in favour of a party in administration, we have successfully represented the claimant in Styles and Wood Ltd (in administration) (S&W) v GE CIF Trustees Ltd.’
Practical Law: Construction Blog, 1st October 2020
‘Question: What do the Oslo Picasso murals “The Seagull” and the “The Fishermen” and the Dutch De View Jaargetijden have in common? Answer: They both have been subject to recent high cost, high profile litigation that dragged on for years and which concerned moral rights.’
Practical Law: Construction Blog, 9th September 2020
‘This was the question the court was asked to answer in RSK Environmental Ltd v Hexagon Housing Association Ltd.’
Practical Law: Construction Blog, 26th August 2020
‘This case acts as a reminder of the hierarchy to seeking a remedy in construction contracts. The right to legal proceedings in construction contracts is more fundamental than the payment provisions. The payment provisions are superior to the adjudication provisions. However, a party will still have to honour judgment debts in related proceedings.’
Hardwicke Chambers, 5th August 2020
Source: hardwicke.co.uk
‘An “immoral” builder who left homes at risk of “catastrophic structural collapse” has been jailed.’
BBC News, 6th August 2020
Source: www.bbc.co.uk
‘Much has been written on the Supreme Court case of Bresco v Lonsdale and it has most recently been relied on by a party in the adjudication enforcement case of WRW Construction Ltd v Datblygau Davies Developments Ltd. However, as will be discussed in this blog, it was of limited assistance.’
Practical Law Construction Blog, 28th July 2020
‘The Grenfell Tower fire inquiry “must not ignore” the impact of race and poverty on the disaster, a lawyer representing survivors has said.’
BBC News, 7th July 2020
Source: www.bbc.co.uk
‘Builders behind the disastrous Grenfell Tower refurbishment are finally set to face public questioning over the June 2017 fire that killed 72 people, as the delayed public inquiry resumes on Monday with strict social distancing rules that have angered the bereaved.’
The Guardian, 6th July 2020
Source: www.theguardian.com
‘The Supreme Court has given judgment in what is being hailed as a landmark case in the construction and insolvency spheres. The decision has not only eliminated any doubt that there is jurisdiction for an insolvent company to adjudicate against a respondent with a potential cross-claim, but it has also endorsed the use of adjudication as a helpful tool for liquidators.’
3 Hare Court, 22nd June 2020
Source: www.3harecourt.com
‘Lord Justice Coulson’s judgment included the proposition that an insolvent Company could only adjudicate a dispute with a creditor in circumstances of mutual debts in “exceptional circumstances”. Subsequent caselaw has explored the extent of these “exceptional circumstances”.’
3PB, 18th June 2020
Source: www.3pb.co.uk
‘Simon Randle, Vivienne Sedgley and Katharine Elliot analyse government measures to restart the housing market and how they impact on the planning system.’
4-5 Gray's Inn Square, 29th May 2020
Source: www.4-5.co.uk
‘This was a case about the enforcement of an adjudicator’s decision (as so many are) and involved many of the usual arguments (as so many do), such as did the adjudicator have jurisdiction to reach the decision and was there a breach of the rules of natural justice? Unusually, the judge also had to consider an application to serve proceedings out of the jurisdiction, something I’m not really familiar with but, luckily, Helena White has already talked about that in her blog. That means I don’t need to mention whether enforcement proceedings should have been started in England or Northern Ireland, and leaves me to look at the jurisdiction and natural justice issues in more detail.’
Practical Law Construction Blog, 13th May 2020
‘Late on 12 May 2020, the Housing Secretary published a plan to re-start the housing market: https://www.gov.uk/government/news/housing-secretary-sets-out-plan-to-restart-housing-market. The measures are intended to support the economy and make progress in an industry where much been paused during the lockdown.’
4-5 Gray's Inn Square, 13th May 2020
Source: www.4-5.co.uk
‘The latest consultation on the Construction Act reached its second stage last month, with the government’s long overdue publication of responses to its consultation on the legislation. When the 1996 act was amended in 2011, the government proposed reviewing it after three years. However, it was six years before consultation with the industry even began. A summary of the responses to that consultation was due two years ago but, presumably owing to Brexit, was not published until this February.’
Atkin Chambers, 12th May 2020
Source: www.atkinchambers.com
‘“There have been as many plagues as wars in history, yet always plagues and wars take people equally by surprise” – these words from Albert Camus’ The Plague sum up how the COVID-19 pandemic has taken the world by storm. The UK’s construction industry is facing the greatest challenge since Brexit, but there is little specific guidance from Westminster on the way forward. Whereas all non-essential sites in Scotland have been ordered to close, sites across the rest of the country have been left in the unenviable position of having to decide whether they should remain open.’
Atkin Chambers, 6th May 2020
Source: www.atkinchambers.com
‘Balfour Beatty brought an application seeking the injunction of three adjudications that was sought by Astec. Astec engaged in three sub-contracts with Balfour Beatty, the main contractor, for various aspects of work to and around Blackfriars Station. The works began in 2010, but in April 2014 Astec went into administration and then liquidation in October 2014. Nothing happened after liquidation, until Astec sent a claim letter on 24th December 2019 and a first notice of adjudication on 24th January 2020.’
Hardwicke Chambers, 4th May 2020
Source: hardwicke.co.uk
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