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R (Greyhound Board of Great Britain Ltd) v Welsh Ministers [2026] EWHC 670 (Admin) What are the practical implications of this case? The ruling reinforces the constitutional divide between the courts and the legislature. It explains that the scheme and framework of the Government of Wales Act 2006 (GWA 2006) embody that separation of powers, and that any judicial attempt to recognise and enforce a common law obligation on Welsh Ministers to consult prior to introducing legislation in the Senedd would trespass upon that boundary. This is not a departure from established principle; case law has already upheld comparable rules for lawmakers in Scotland and at Westminster. However, this is the first express confirmation of the position for Welsh lawmakers, and the first time this dimension of the GWA 2006 has been analysed in such depth. The court examined earlier
The solution arrived through the United Nations Compensation Commission (UNCC), a quasi‑judicial body handling mass claims, created under UN Security Council Resolution 687. By addressing environmental harm—most notably via its ‘F4’ claim class—the UNCC set a seminal benchmark shaping how international law and contemporary arbitral panels allocate financial responsibility for wartime ecological devastation. With present-day wars in areas such as Eastern Europe and the Middle East bringing dam breaches, strikes on chemical facilities, and the burning of farmland, the UNCC’s legacy endures as an essential reference point for states, global investors, and companies engaged in post‑conflict arbitration. The F4 claims: Quantifying the unquantifiable Prior to the 1990s, mechanisms in international law for war reparations overwhelmingly favoured property loss, foregone earnings, and bodily injury. The natural world was commonly treated as a mute, non-compensable victim of armed hostilities...
Understanding the farming business as a business Many farms still use long-standing structures that arose by habit, not strategy. Sole traders, informal partnerships and outdated partnership deeds are common. While once effective, such setups can cause major issues around succession, tax planning and involving the next generation. A corporate team can take a fresh, business-led view of the farm, asking: Who owns the land and other critical assets? Who manages daily operations? Who carries the risk and who enjoys the return? What is the enduring plan for succession? From this review, the team can confirm whether the current setup is fit for purpose or if an alternative — for example an updated partnership agreement, a company, a limited liability partnership, or a blended model — would better meet the family’s aims. Tax efficiency through joined-up advice Tax sits at the centre of most
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R (on the application of Cobalt Data Centre 2 LLP and another) v Revenue and Customs Commissioners [2024] UKSC 40 What are the practical implications of this case? This piece examines the Supreme Court’s treatment and use of the governing rules on variation and recission of contracts. The judgment identifies core pointers for commercial advisers when deciding if a later agreement operates as an alteration of an earlier bargain, or instead amounts to recission and substitution. It addresses how to characterise subsequent arrangements against their predecessors. Clarity in drafting amendments Commercial counsel should prepare contractual papers using clear, express wording that indicates whether they are meant to vary or to replace. Unequivocal drafting will evidence the parties’ shared intention and enable any court to prioritise their freedom of contract, from outset and without...
Barrowfen Properties Ltd v Girish Dahyabhai Patel and others [2025] EWCA Civ 39 What are the practical implications of this case? The decision confirms that the authorities on mitigation, covering both losses and gains, apply just as much to damages claims for breach of fiduciary duty as they do in negligence, across the board. It also underscores that, in damages claims, causation is paramount, and the function of an award in contract or tort is ordinarily to make good the claimant’s loss caused by the breach—no more and no less in practice. When a claimant takes reasonable steps to mitigate and, in so doing, incurs additional losses or secures benefits, those further losses or benefits should generally be brought into account when assessing the compensation payable. However, once mitigation has concluded, any subsequent costs or losses arising from the claimant’s own...
ATG Services ( Scotland) Ltd v Ogilvie Construction Ltd [2024] CSOH 94 What are the practical implications of this case? This ruling introduces no new principles for enforcement actions, nor does it shift the settled approach to such challenges. Parties are already well aware that the courts in Scotland and in England are reluctant to interfere with adjudicators’ decisions. Nevertheless, the case attracted substantial comment when issued, probably because of Lord Sandison’s blunt appraisal of Ogilvie’s defence. His judgment begins with the sentence: ‘ The defence to this action is entirely without merit.’ Even with such a stark view expressed, a party facing an award against it on a technicality in ‘smash and grab’ adjudication will still, as a rule, search for grounds to contest enforcement, especially where it considers the true value of the account to be markedly below the sum awarded. That...
In this issue: JCT contracts Payment in construction contracts Building safety Projects Environmental issues Tax for construction lawyers Construction industry news Daily and weekly news alerts New and updated content New Q& As Construction trackers JCT contracts JCT 2024 contracts—good faith in practice In this piece, Shy Jackson, a partner at Bryan Cave Leighton Paisner, explores the reach and consequences of the parties’ duty to collaborate in good faith under the Joint Contracts Tribunal ( JCT) 2024 suite. See News Analysis: JCT 2024 contracts—good faith in practice. Payment in construction contracts Fair Payment Code—what is it and what does it mean? On 3 December 2024, the government unveiled the Fair Payment Code, alongside a range of steps aimed at curbing late invoice payments to smaller businesses and recognising companies that follow fair payment behaviours. Fiona Boswell, partner at...
What is the new FPC? Any company, regardless of size, may opt in to the FPC by applying for a bronze, silver or gold tier, provided it has a registered UK address. The framework for awards is: Gold: At least 95% of invoices settled within 30 days Silver: At least 95% of all invoices within 60 days, with a minimum of 95% to small businesses paid within 30 days Bronze: A minimum of 95% of all invoices within 60 days Alongside the tiers, the FPC sets out fair payment principles that every applicant must endorse, committing to being ‘clear, fair and collaborative’ with suppliers. Local authorities, NHS trusts and government departments cannot join the FPC. When it comes into force, they will be governed by section 68 of the Procurement Act 2023, requiring 30-day terms for all undisputed invoices....
Many may not know the 1994 Latham Report, which promoted good faith, while the government’s Construction Playbook and the private-sector Trust and Productivity report are more recent signals of a push for collaborative contracting to enhance delivery. In practical terms, that means embedding good-faith duties in construction agreements, which is one reason the JCT 2024 suite introduces new Article 3. Under Article 3, the parties must engage with each other and with other project team members in a co-operative, collaborative way, acting in good faith and with a spirit of trust and respect. It also obliges the parties to foster collaborative conduct and to challenge behaviour that is not collaborative. As JCT notes, the courts have shown greater openness to the idea of good faith in recent years. However, this is not uniformly applied, and the outcome in any dispute still depends very much on the...
In this issue Construction industry news Fire safety Standard form construction contracts Planning for construction lawyers Daily and weekly news alerts New and updated content New Q& As Construction industry news In this article, we reflect on the principal shifts in construction law that surfaced during the closing months of 2024, and consider what might unfold in 2025. See News Analysis: Construction law—key developments in 2024, and what to expect in 2025. Fire safety The MHCLG has issued revised editions of Approved Document B (fire safety) for both volume 1 (dwellings) and volume 2 (buildings other than dwellings). These updates consolidate the 2019 editions together with the 2020 and 2022 amendments, and also include upcoming changes planned for 2025, 2026 and 2029......
News Analysis: Construction law—the year 2024 so far In August 2024, we issued News Analysis: Construction law—the year 2024 so far, a review of the principal construction law developments arising since January. In this sequel, we reflect on the news, milestones and shifts from the latter part of 2024, and cast an eye towards what we anticipate in 2025. The closing months of 2024 brought no easing in momentum, with activity spanning policy, contracts and case law. In September 2024, the Grenfell Tower Inquiry handed down its second and final report, examining the failings that culminated in the Grenfell Tower fire of June 2017 and pointing to the need for further building safety reform. The Joint Contracts Tribunal ( JCT) pressed on with its 2024 suite, issuing updated editions of significant standard forms, and publishing new versions of several major forms of...
In this issue: Building safety Insurance in construction Procurement Building regulations Litigation Environmental issues Construction industry news Daily and weekly news alerts Building safety Grenfell Tower Inquiry: closure plans The Grenfell Tower Inquiry has outlined its arrangements for closure, planned for January 2025. The Chair expects to bring the Inquiry to a formal close by writing to the Prime Minister, Sir Keir Starmer, confirming the Terms of Reference have been completed once the outstanding administrative work is finalised. Its detailed record — including evidence provided to core participants — will be placed on the National Archives Discovery Platform in Q1 2025. The Inquiry website will remain live until the end of February 2025, before being transferred to the National Archives. See: LNB News 20/12/2024 33. 381 Southwark Park Road RTM Company Ltd and others v Click St Andrews Ltd (in...
Sky UK Ltd and another company v Riverstone Managing Agency Ltd and other companies [2024] EWCA Civ 1567 What are the practical implications of this case? It is uncommon for coverage disputes under CAR policies to reach the Courts, as most are resolved through private arbitration. This ruling is especially welcome because it addresses a policy with a standard-form insurance clause, making it likely to have broad application. The standout finding relates to cover for damage emerging after the expiry of the policy. The judgment emphasises the value of reverting to first principles when grappling with complex legal issues. The central tenet is that an insurance policy is a contract of indemnity, under which the insurer undertakes that the insured peril will not materialise. If the insured event nevertheless occurs, the insurer is in breach of contract and must pay...
In this issue: Adjudication Building safety Tort Contract law Insurance JCT contracts Procurement in construction Construction products Environmental issues Construction industry news Daily and weekly news alerts New and updated content Construction trackers Construction Highlights 2024/2025 Adjudication Court enforces adjudicator’s decision relating to liability for historic defects under the Defective Premises Act 1972 ( BDW Trading Ltd v Ardmore Construction Ltd) In BDW Trading Ltd v Ardmore Construction Ltd [2024] EWHC 3235 ( TCC), the TCC enforced an adjudicator’s decision on claims brought under the Defective Premises Act 1972, concerning liability for historic defects on a development completed 20 years before the claim was issued. In doing so, the court rejected arguments raised by the defendant contractor about the clarity and crystallisation of the claim itself, contended lack of...
BDW Trading Ltd v Ardmore Construction Ltd [2024] [ EWHC 3235 ( TCC) What are the practical implications of this case? This judgment offers useful guidance on the way claims concerning historic defects under the DPA 1972—revived by amendments to the Limitation Act 1980 made through the Building Safety Act 2022, which extended the applicable period to 30 years—are expected to be addressed in adjudication and before the courts. In this instance, the judge showed little patience with the defendant contractor’s position about the passage of time, despite some 20 years elapsing between completion of the works and the bringing of the claim. The court also rejected submissions questioning the adjudicator’s remit to decide DPA 1972 claims on the footing that they were not disputes arising ‘under the contract’. It confirmed that the Fiona Trust principle applies to adjudication provisions: parties are presumed to have...
Grain Communications Ltd v Shepherd Groundworks Ltd [2024] EWHC 3067 ( TCC) What are the practical implications of this case? This decision shows that, when interpreting variation instructions under a construction contract, the court may adopt a common-sense view of whether directions satisfy any limits on scope or formal requirements; it will not read instructions in a strict or overly pedantic way. Even so, parties should scrupulously observe any stipulated mechanisms for instructing variations—especially where works are to be omitted or deferred, as such directions can be contentious or create ambiguity. The judgment also offers clear and concise illustrations of the courts’ handling of other frequently disputed contractual issues, including implied terms, the interaction between common law and contractual rights, and claims that terms are unfair. What was the background? Grain Communications Ltd ( Grain) and Shepherd Groundworks Ltd ( Shepherd) entered into a framework...
Darcliffe Homes Ltd v Glanville Consultants Ltd and another company [2024] EWHC 3184 ( TCC) What are the practical implications of this case? This judgment serves as a caution that, to recover damages in negligence, proving a breach of the duty to deploy reasonable skill and care is insufficient. Causation must also be proved: the breach must have brought about the loss claimed. There must be an adequate connection between the particular head of loss for which the claimant seeks compensation and the subject matter of the defendant’s duty of care. If the claimant would have acted the same way regardless of the (negligent) advice received, any potential claim against their professional advisers for negligent advice will be undermined. What was the background? The claimant property developers ( Darcliffe) pursued damages for professional negligence against the defendant engineering firm ( Glanville), alleging faulty advice...
KCL issued its third—and concluding— Adjudication Report in November 2024, collating findings from responses to two questionnaires: one directed to Adjudicator Nominating Bodies ( ANBs) and a second to individuals involved in statutory adjudication. In this piece, Joseph Hale and Jennifer Fitzmaurice, a partner and professional support lawyer at Eversheds Sutherland, consider the report and what the future might hold for statutory adjudication in the UK. What key themes and trends does the Adjudication Report identify? The findings depict a dispute resolution process that is widely used and popular, clearly organised and well-structured, rapid and comparatively low-cost. ANBs recorded the highest level on record in the past year for adjudication referrals, at 2,264. Moreover, because the notion of ‘disputes’ has been broadly construed by case law since the Housing Grants, Construction and Regeneration Act 1996 ( HGCRA 1996) took effect, parties can address issues during their...
In this issue: Building safety Building regulations Alternative dispute resolution Arbitration Environmental issues Projects Construction industry news Daily and weekly news alerts Construction trackers Building safety CLC announces restructure of ICSG The CLC has set out a reorganisation of the Industry Competence Steering Group ( ICSG) to enhance competence and safety standards across the built environment sector. Under this strategic change, the ICSG will become a formal working group within the Building Safety Regulator’s Industry Competence Committee. The refreshed framework features sector-led groups, key topic groups and working groups, informed by contributions from more than 60 professional and trade bodies and 1,500 individuals, reinforcing the drive for improved standards. See: LNB News 09/12/2024 61. Housing ( Cladding Remediation) ( Scotland) Act 2024 ( Commencement) Regulations 2024 SSI 2024/370 These regulations designate 6 January 2025 as the appointed day on which all provisions of the Housing ( Cladding Remediation) ( Scotland) Act 2024 not already commenced will come into...
Bugsby Property Llc and another company v Omni Bridgeway ( Fund 5) Cayman Invt Ltd and another company [2024] EWHC 2986 ( Comm) What are the practical implications of this case? The ruling underlines that: whether a provision amounts to an arbitration agreement is a matter of construction, so each clause must be interpreted within its particular context if the agreement also contains a separate arbitration clause, and the wording of the two differs markedly, that contrast may suggest the clause was not intended to operate as an arbitration agreement where the contract offers two arbitral (or other dispute resolution) routes, there is no presumption of a broad and liberal construction for one mechanism ( Barclays Bank v Nylon Capital LLP [2011] EWCA Civ 826) care is required when drafting dispute resolution provisions, especially where more than one process is...
Key developlments in 2024 2024 has seen notable movement in climate change litigation across the UK and internationally. In the UK, attention has largely centred on whether proposed fossil fuel projects’ Scope 3 emissions were properly addressed within Environmental Impact Assessments ( EIAs) at the planning stage. Internationally, energy-sector disputes have focused on actions against governments for alleged breaches of climate obligations under domestic law or binding international frameworks, alongside claims against corporations arising from their perceived contribution to climate change. For further background on climate litigation generally, including many of the matters noted below, see Practice Note: Climate change litigation. Requirement to consider Scope 3 emissions in EIAs Climate litigation commenced in January 2024 with the ruling in Greenpeace Nordic and Nature & Youth v Energy Ministry ( The North Sea Fields Case). The case challenged the Norwegian government’s omission of Scope 3...
In this issue: Building safety Adjudication Termination and suspension Standard form construction contracts Insolvency in construction Infrastructure projects Construction industry news Lex Talk®Construction: a Lexis®Nexis community Daily and weekly news alerts New and updated content Construction trackers Building safety MHCLG publishes Remediation Acceleration Plan to address unsafe cladding MHCLG has unveiled a Remediation Acceleration Plan ( RAP) to hasten the removal of unsafe cladding in England, identify every at-risk building, and protect residents from remediation costs. Key 2029 goals include completing remediation of all 18m+ buildings in government-funded schemes by 2029, and ensuring all 11m+ buildings are either fixed, have a confirmed completion date, or face tough sanctions on landlords. The RAP is backed by enhanced enforcement funding to expand the capacity of local authorities, fire and rescue authorities, and the Building Safety Regulator ( BSR) to manage hundreds of cases each year. Its release coincides with a parliamentary debate on the Grenfell Tower Inquiry’s final report. During that...
Malin Industrial Concrete Floors Ltd (in Administration) v Volkerfitzpatrick Ltd [2024] EWHC 2890 ( TCC) What are the practical implications of this case? It is settled law that the court will not move to enforce an adjudicator’s decision in favour of a claimant that is insolvent without first scrutinising the particular circumstances. Whether enforcement is appropriate will be shaped by several considerations: the nature of the insolvency procedure to which the claimant is subject; the presence of security for the judgment sum or for any cross-claim advanced by the defendant; and the wording and effect of the adjudicator’s decision itself. This decision offers a clear illustration of how the courts may evaluate these factors, while steering a course between the statutory adjudication framework (under the Housing Grants, Construction and Regeneration Act 1996) and the requirements of insolvency law…...
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When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...
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