A few months ago, we wrote about the landmark Supreme Court judgement in Bresco v Lonsdale, which opened the door to insolvent parties referring disputes to adjudication. That door has been partially closed again, in a judgment that sets out further guidance as to when a liquidator may be able...

Although statutory demands can still be served, the restriction prevents statutory demands being used as the basis of a winding up petition, thereby eroding the utility of the statutory demand as a tool for applying pressure on debtors. In an industry that relies on cash flow and which operates on...

Welcome to the third article in our series on construction technology. Last time we discussed next generation connectivity and considered the legal hurdles and consequences amidst the many benefits that 5G promises to bring to the construction industry; and in our first article we looked at offsite and modular construction...

Most people in the construction industry will be aware of the broad difference between Key Dates and X5 Sectional Completions, but their differences are, perhaps, more fundamental than one might think: in terms of consequence of breach, the costs that are incurred and what is recoverable. Put simply, Key Dates...

It looks as though 2023 will be a busy year for commercial real estate law. There are many key legislative changes on the horizon: including the new rules for overseas entities which own UK real estate, a tightening of energy efficiency standards, the overhaul of the building control regime and...

As part of the Autumn Statement 2023 on 22 November, the government published its response to the consultation on reform of the Construction Industry Scheme (CIS). The government's consultation focused on several areas of reform to tackle serious abuse of the CIS Gross Payment Status (GPS) rules and strengthen and...

A recent Upper Tribunal decision in Brown v Ridley overturned a First-Tier Tribunal ruling which had strayed from binding case law. The Upper Tribunal examined the First-Tier Tribunal's interpretation of whether paragraph f, schedule six of the Land Registry Act 2002 requires an applicant to a hold reasonable belief that...

Landmark decision rules against building owner in first contested remediation contribution order The first contested application for a remediation contribution order (RCO) under the Building Safety Act has been handed down in Triathlon Homes v SVDP & Get Living, which clarified that RCOs can be made against a party that...

As private finance initiative (PFI) project stakeholders prepare for the expiry and handback of over 500 UK PFI contracts, large physical assets unsurprisingly get the attention. But don't overlook the value of the technology, data and other intellectual property (IP) assets that are interwoven into the project. A bit of...

Government provides key dates and detail of new building safety regime The government’s much-awaited response to the consultation on the new building control regime for higher-risk buildings under the Building Safety Act 2022 landed in August, along with various sets of regulations that provide detail about how the new regime...