Real Estate Law and Construction Law

Following the release of Beale & Co's recent Building Safety Act 2022 case law round-up summary, Michael O'Brien and Cameron Baker take a deeper look at the decision of BDW Trading Limited -v- Ardmore Construction Limited & Others from the Technology and Construction Court ("TCC"), which determined an application for an information order under that Act.

HRB building control approval applications under the new approval process, known as Gateway 2, have been facing criticism for the significant delays which have a knock on effect to construction projects.

In this edition, we look at the UK Government's 10 year Infrastructure Strategy and whether the "Washington effect" has trumped the "Brussels effect" in relation to ESG regulation.

On 1 May 2012, Royal Assent was given to the Legal Aid, Sentencing and Punishment of Offenders Bill. For the first time it will be a criminal offence to squat in a residential property.

You've found a property to rent and you are one step closer to becoming a tenant.

Landlords and Tenants of residential properties have been aware of the need to protect Tenants' deposits within authorised schemes since 2007.

In a new chapter for his family business, Giacomo Fanin is backing innovation to improve farming productivity and develop alternative ingredients

A packed audience gathered in the Lowland Hall at the Royal Highland Showground on Friday 20th June for the annual rural business breakfast briefing hosted by Shepherd and Wedderburn and Bidwells.

Whilst yet to recover to the levels of 2011-2021, where capital invested in agritech increased 20-fold, investor...

Part 31 of the Civil Procedure Rules concerns the disclosure and inspection of documents in civil litigation. In summary, a party discloses a document by stating that the document exists or has existed. A party to whom a document has been disclosed has a right to inspect that document except where, amongst other things, the party disclosing the document has a right or a duty to withhold inspection of it.

A judgment delivered on 23 April 2012 stated that in a Settlement Agreement, inclusion of the phrase "full and final settlement in respect of any and all outstanding matters" was, on the facts, sufficient to exclude liability for defects.

In the case of R and C Electrical Engineers Ltd v Shaylor Construction Ltd, [2012] EWHC 1254 (TCC), R&C sought Part 8 declaratory relief in relation to an adjudicator’s decision. Whilst the application was declined, the adjudicator’s decision was upheld as binding until such time as the dispute was finally resolved by litigation or arbitration.