On 17 August 2023, the Government published new secondary legislation under the Building Safety Act 2022 (the Act), being five new regulations to bring the new building control regime for all buildings into force from 1 October 2023. These regulations are important, since the new Building Safety Regulator (the Regulator) has extensive enforcement powers for […]
In Thomas Barnes & Sons plc v Blackburn with Darwen Borough Council, the TCC had to consider whether there was a concurrent delay and if so how did that affect the parties’ rights under the contract. The delay to the works in this case entitled the employer to terminate the contract and engage a third […]
The case: The plaintiffs, Mr & Mrs Duffy, claimed to have suffered severe personal injuries as a result of exposure to toxic chemicals present in their home during and after the installation of spray foam insulation. The case had been decided in favour of the plaintiffs and McGee appealed. Expert evidence: One of the experts […]
The Building Safety Act 2022 is the Government’s response to the tragic Grenfell fire, and the first parts of the Act came into force on 28 June 2022. While the focus has been on safety in residential units, developers and landlords of mixed-use properties will also need to comply with the new rules or […]
Each and every day that a party remains in breach of a continuing obligation in a contract, a new cause of action and corresponding limitation period arises, the Court of Appeal recently held. In Pickering Square Inc. v. Trillium College Inc., Trillium was a tenant at a shopping centre owned by Pickering Square. As part […]
Summary On the face of it, the law of limitation seems fairly straightforward. The law in England and Wales specifies that anyone bringing a breach of contract claim has six years from the date of the breach in which to do so. This period is extended to 12 years from the breach of contract if the contract […]
Case Summary and Analysis: Joan Parker-Grennan v Camelot UK Lotteries The Facts Ms Joan Parker-Grennan first opened an online National Lottery account on the 27th of February 2009 and, upon doing so, was required to tick a box confirming that she had read and agreed to Camelot’s Interactive Account Terms and Conditions (“Terms”) On 25th […]
Claim No: HT-2020-000392IN THE HIGH COURT OF JUSTICEBUSINESS AND PROPERTY COURTS OF ENGLAND AND WALESTECHNOLOGY AND CONSTRUCTION COURT (QBD)[2021] EWHC 2207 (TCC)Royal Courts of JusticeRolls BuildingLondon, EC4A 1NLDate: 03/08/2021Before:MRS JUSTICE O’FARRELL DBE Between:ECO WORLD – BALLYMORE EMBASSYGARDENS COMPANY LIMITEDClaimant Andrew Rigney QC & Crispin Winser (instructed by DLA Piper UK LLP) for the ClaimantJames Bowling […]
URS Corporation Ltd v BDW Trading Ltd Citation: [2023] EWCA Civ 772 Introduction The Court of Appeal today handed down Judgment in URS Corporation Ltd v BDW Trading Ltd [2023] EWCA Civ 772. It will be recalled that there were three appeals. The first appeal was from a decision of Fraser J on preliminary issues, […]
Broadly, subject to a few limited exceptions, since April 2022, where VAT is payable on a supply, other payments that are required to be made to that supplier under the same contract, such as early termination fees, are subject to VAT. After a period of uncertainty, in February 2022 HM Revenue & Customs (HMRC) published […]
recent decision of the Scottish Court of Session has considered the final account provisions of the JCT/SBCC Standard Building Contract. The case considers the conclusivity and time bar provisions in particular and their application to interim payment disputes. The Court’s decision highlights the importance of carefully considering the operation of these provisions and the strict […]
N THE HIGH COURT OF JUSTICEBUSINESS AND PROPERTY COURTS AT BRISTOLTECHNOLOGY & CONSTRUCTION COURT (QBD) 2 Redcliff StreetBristol BS1 6GR 11/1/2023 B e f o r e : HHJ RUSSEN KC____________________Between: LJR Interiors Limited Claimant – and – Cooper Construction Limited Defendant And Between: Cooper Construction Limited Claimant – and – LJR Interiors Limited Defendant […]