In a recent landmark decision, the Court of Appeal delivered its judgment in URS Corporation Ltd v BDW Trading Ltd [2023] EWCA Civ 772 , addressing a complex web of legal issues involving negligence claims, construction law and legislative interpretation....
Construction News recently reported on the theft of tens of thousands of pounds-worth of materials and tools taken in one night from a site in Nottingham. Whilst theft on that scale is relatively unusual, the loss of goods, materials and, in particular, hand...
The Administration of Estates Act 1925 (as amended by the Trustee Powers Act 2014) (Fixed Net Sum) Order 2023 came into force on 26 th July 2023, amending the statutory legacy under the Intestacy Rules (‘the Rules’) to which the surviving...
In the construction and engineering sectors, letters of intent are used all the time. The idea of them is to get a project going – either to allow for the procurement of long lead-time items, or to start design, or to hold a tender price – before...
The Competition and Markets Authority (CMA) has launched an investigation into the UK’s unregulated market surrounding the provision of legal services, such as will-writing, online divorce, and pre-paid probate services. According to their...
A Talaq divorce is, under traditional Islamic Law, said to have taken place when the husband pronounces ‘I divorce thee’ three times. After the pronouncement the marriage is dissolved instantly. However, for a Talaq divorce to be...
Engineering and construction project success is based on three factors: time; cost; and quality – the classic project management triangle. One of the most important decisions companies starting work on their new or refurbished facilities have to make...
This week, Parliament passed legislation that will change how employers need to deal with flexible working requests and simplifies the process for employees. The key changes are: Employers cannot refuse a request without consulting with the employee; ...
Farm Safety Week (17-21 July 2023) is an annual campaign which focuses on raising awareness and changing attitudes to prevent life-changing injuries. The latest figures from the Health and Safety Executive (“HSE”) for 2022/2023 show that 21...
Multinational supermarket chain Aldi recently made headlines when a customer found a live snake coiled inside a pack of shrink-wrapped broccoli which had been purchased from one of their stores. The report sent legal tongues wagging and it has been...
On 29 June 2023, the Retained EU Law (Revocation and Reform) Act 2023 completed its journey through Parliament and received Royal Assent. The content of the original bill, which was the subject of much controversy, has changed considerably, but still...
The new NEC4 Engineering and Construction Subcontract (ECSC) is a widely used contract framework in the construction industry. Its clauses provide a structured approach to managing various aspects of a project. One such important addition in the NEC4 ECSC is...
Animal welfare is high on the political agenda, with Trading Standards (a department in your local council, usually the borough or district council) being prompt and thorough to investigate reports of animal welfare breaches. Trading Standards is responsible...
What is laches? Laches operates as a defence to a claim, and it is often understood to mean ‘delay’. In fact, laches is more than simply delay. The recent case of James v Scudamore [2023] EWHC 996 (Ch) sets out four propositions that form...
The Building Safety Act included provisions for the mandatory registration of all buildings inspectors, both Registered Building Inspectors (local authority inspectors) and Registered Building Control Approvers (private sector consultants). The Act was very...
A report commissioned by the Association of Personal Injury Lawyers (“APIL”) has shown that an estimated 1.6 million people in the UK say they have become a victim of negligence. This means that 30,000 people fall ill or are injured per week. ...
In order for a will to be valid, a testator must have the requisite mental capacity. Capacity is one of the most commonly used grounds for challenging a will. The recent case of Baker v Hewston gives an insight into how judges approach this complex...
Pets are seen by many as part of the family and when a divorce takes place, the questions surrounding who will look after the family pet can add considerable distress to an already stressful time. Often the situation becomes quite fraught, but a specialist...
The issue of dowries in divorce is one which we come across often. There are a number of questions that clients often ask and in the article below we will aim to answer some of them. Can a wife claim back her dowry after divorce? The short answer...
Employment Update 📰 Worker status - Employee or not employee? We’re starting this update with a brief review of worker status. We were instructed by a client who had not been paid a monthly invoice for work undertaken as a contractor. He...
It is normal practice for construction and engineering contracts to allow the client to keep a percentage of each interim payment as a retention. The retention is intended to be used against the client’s losses in the event that the contract defaults....
Last week, Farming Minister Mark Spencer MP announced that the Animal Welfare (Kept Animals) Bill, which has been making its way through Parliament for nearly two years, would be dropped and the measures it contains introduced separately. Our animal welfare...
The Government has published a policy paper setting out various changes it intends to make to the law following Brexit. One of these changes has caught the eye of employment lawyers – they intend to limit the duration of any non-compete clauses...
Construction News has reported that a total of 112 construction companies have gone into administration so far this year. This affects not only those companies, their employees, and their supply chains, but also their clients, whose projects will be delayed...
Employment Update 📰 Employment Tribunal Reform The backlog in the Employment Tribunal system continues to cause headaches for parties and lawyers alike. In an attempt to reform the Employment Tribunal service to make the process simpler and...
Draft Regulations have this week been published in respect of the Responsible Actors Scheme – the industry scheme for residential developers arising out of the Building Safety Act 2022. Aim of the scheme Like the Act itself, the purpose of...
Performance bonds and/or PCGs are often required of the contractor in building and engineering projects as a means of securing the purchaser’s position, and limiting their losses, in the event of the contractor’s default. But what’s the...
The JCT standard forms of building contracts have a very simplistic approach to programmes: there’s a start date and an end date, and that’s it. How the contractor wants to do thing in between is up to them provided that...
The Building Safety Pledge The Building Safety Act allowed the government to set up building industry schemes for developers. The idea of the schemes was to get developers and construction products manufacturers to pay for remedial works to buildings...
Livestock worrying by dogs costs British farmers millions of pounds every year and causes an immense amount of distress to farmers and their animals. Most issues are caused by ignorant, irresponsible, or uncaring dog owners who do not know how to control...
