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In this issue: Litigation Building safety Environmental issues Construction industry news Daily and weekly news alerts New and updated content Construction trackers Litigation Contractor was bound by cap in letter of intent (CLS v WJG Evans) In CLS Civil Engineering Ltd v WJG Evans and Sons (a partnership) [2024] EWHC 194 (TCC), the TCC held that the parties did not conclude a formal construction contract for the development, so their dealings continued to be controlled by a letter of intent (LOI). As a consequence, the contractor’s right to payment was confined to the LOI’s ceiling, which was below its assessment of the completed works. The judgment also offers practical guidance on which disputes are apt for resolution under Part 8 proceedings. Refer to News Analysis: Contractor was bound by cap in letter of intent (CLS v WJG Evans)...
In this issue: Air emissions and climate change Environmental enforcement and prosecutions Environmental permits and consents Environmental taxes, reliefs and incentives ESG and sustainability Hazardous substances and chemicals Nature, biodiversity and habitat protection Waste Waste producer responsibility regimes Water, flooding and drainage LexTalk®Environment: a Lexis®Nexis community Daily and weekly news alerts New and updated content Air emissions and climate change DENSZ publishes UK ETS monitoring guidance The Department for Energy Security and Net Zero (DENSZ) has issued technical guidance to support UK Emissions Trading Scheme (UK ETS) installation operators in meeting the Monitoring and Reporting Regulation 2018 (MRR). The suite comprises five papers covering general requirements, uncertainty evaluation, biomass reporting, data flow processes and control systems, together with sampling and analysis methods. It applies to installations in England, Scotland and Wales, setting out detailed obligations for monitoring and reporting under the UK ETS. Each paper addresses distinct technical aspects of...
In this issue: Litigation Building Safety Construction industry news Environmental issues Daily and weekly news alerts New and updated content Construction trackers Litigation Late application to rely on expert evidence is not an application for relief from sanctions (Yesss (A) Ltd v Warren) In Yesss (A) Ltd v Warren [2024] EWCA Civ 14, the Court of Appeal distinguished between out-of-time bids to introduce factual material and delayed efforts to rely on expert opinion. The former amounts to a request for relief from sanctions and is to be decided by the Denton principles, whereas the latter is not and should be determined by reference to the overriding objective. Authored by Phillip Patterson, barrister, Gatehouse Chambers. Refer to News Analysis: Late application to rely on expert evidence is not an application for relief from sanctions (Yesss (A) Ltd v Warren). Suitability of Part 8 proceedings in formation of contract dispute (CLS Civil Engineering v WJG Evans) ...
Scope of this Practice Note This Practice Note sets out the main types of radioactive waste and examines disposal against the EU-defined waste hierarchy. It places contemporary management of radioactive waste within the historical development of the nuclear industry from a planning standpoint. Principal policy documents are reviewed to chart the evolution of government thinking over time. Geological disposal of Higher Activity Waste (HAW) under the Planning Act 2008 (PA 2008) is compared with alternative disposal routes under the Town and Country Planning Act 1990 (TCPA 1990) and the Planning (Wales) Act 2015. Consultation duties, application processes and required consents are identified for both regimes. Notable planning appeals and judicial review cases are highlighted before looking at international approaches to radioactive waste. What is radioactive waste? In the UK, radioactive waste arises—and will arise—from past, current and future programmes for electricity generation from nuclear fission, the reprocessing of nuclear fuel, the development of nuclear weapons, the nuclear submarine fleet and wastes from radioactive materials used for civil...
STOP PRESS: This Practice Note reflects the current legislative position. However, the Commission published a proposal on 21 January 2026 for a Digital Networks Act that may repeal the European Electronic Communications Code. To follow the Digital Networks Act’s progress through the EU legislative process, see Practice Note: Media, digital and telecoms tracker—EU. This Practice Note provides guidance on Directive (EU) 2018/1972 establishing the European Electronic Communications Code (Recast), commonly known as the European Electronic Communications Code and, in this note, the EECC. The EECC recasts and brings together the principal directives that originally made up the EU‑wide framework for regulating electronic communications networks (ECNs) and electronic communications services (ECSs). The aim of the European Electronic Communications Code The EECC is a directive with the central objective of creating an updated and harmonised EU‑wide regime for the regulation of ECNs and ECSs. The previous EU telecoms regulatory framework (comprising Directive 2002/21/EC (the EU Framework Directive), Directive 2002/19/EC (the EU Access Directive), Directive 2002/22/EC (the EU Universal...
The Infrastructure Conditions of Contract (ICC) for Civil Engineering Works began life in 1945 as the ICE Conditions of Contract. After a series of revisions, a substantial overhaul arrived in 2014 with the publication of a new ‘With Quantities Version’ (see Practice Note: ICC With Quantities Version 2014). In June 2018, two further ICC forms were issued—the Target Cost (TC) Version and the Design and Construct Version (see Practice Note: ICC Design and Construct Version 2018). This Practice Note offers guidance on the ICC TC Version 2018. Back in 2011, the Association for Consultancy and Engineering released the first TC Version, derived from the ICE Conditions of Contract 7th edition and tailored for target cost application. The 2018 TC Version is a full rewrite, aligning with the structure and drafting approach of the 2014 Without Quantities Version. Nonetheless, both the 2011 and 2018 TC editions preserve the same collaborative ethos, with the parties jointly managing risk. Scheme of Many clauses are unchanged between the 2014 With Quantities...
Appropriate contract selection We’d like to outline how you should choose the building contract for [ insert name/description of the project ]. To begin with, the form you adopt must suit the sector to which the works belong. Across the UK there exists a range of published standard forms, and their use is determined mainly by the character of the works—namely whether they concern the construction of buildings, infrastructure or civil engineering undertakings, energy projects, chemical or process plant works, or disciplines focused on electrical and mechanical engineering. Select a contract aligned to the relevant sector and the type of works proposed...