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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 Sole traders, informal partnerships and outdated partnership deeds are common.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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In this issue Projects Procurement in construction Standard form contracts Construction industry news Lex Talk®Construction: a Lexis®Nexis community Daily and weekly news alerts New and updated content Construction trackers Projects IWA 2024 receives Royal Assent The Infrastructure ( Wales) Act 2024 ( IWA 2024) achieved Royal Assent on 3 June 2024. It reshapes the law around consenting for major infrastructure schemes in Wales, including the Welsh marine area. The Act establishes a new route for ‘ Significant Infrastructure Projects’, to be determined by a ‘ Welsh Infrastructure Consent’, which aligns in many respects with the development consent order process under England’s Planning Act 2008. See News Analysis: Infrastructure ( Wales) Act 2024 receives Royal Assent. Procurement in construction Welsh Government publishes statement on PA 2023 commencement regulations The Welsh Government has issued a statement from the Cabinet Secretary for Finance,...
What is the background to IWA 2024? The Infrastructure ( Wales) Bill reached the Senedd on 12 June 2023, following a public consultation in April 2018 on proposed changes to the consenting of infrastructure in Wales. The Developments of National Significance ( DNS) regime was introduced in 2015. IWA 2024 replaces DNS with a ‘one-stop shop’ bringing together existing consent regimes for Wales and the territorial sea adjacent to Wales, which closely mirrors the DCO regime under the Planning Act 2008 ( PA 2008) in England. It establishes a new framework for ‘ Significant Infrastructure Projects’ ( SIPs), which are awarded a Welsh Infrastructure Consent ( WIC) by means of an Infrastructure Consent Order ( ICO). The Act’s aims are broadly to: improve consistency, certainty, prospects of success and the quality of applications, while reducing confusion and complexity. The......
In this issue: Building Safety Procurement Adjudication Arbitration Construction industry news Daily and weekly news alerts New and updated content New Q& As Construction trackers Building Safety Grenfell Tower Enquiry announces Phase 2 report publication date The Grenfell Tower Inquiry has confirmed its Phase 2 report is scheduled for publication on Wednesday 4 September. Pursuant to rule 17 of the Inquiry Rules 2006, core participants will receive embargoed copies 24 hours in advance. See: LNB News 23/05/2024 45. Procurement Cabinet Office publishes updates on PA 2023 The Cabinet Office has issued a fresh set of guidance materials on the Procurement Act 2023 ( PA 2023), refreshed the guidance navigation page, and confirmed that the PA 2023 commencement regulations have been made. The guidance, centred on contracts, is designed to assist stakeholders, procurement professionals and commercial policy leads in...
Re Morganstone Ltd v Birkemp Ltd [2024] EWHC 933 ( TCC). What are the practical implications of this case? This judgment underscores how critical the framing of a notice of adjudication is, and how any responsive defences must be considered within that frame. Adjudicators are required to tackle the dispute actually put to them and should resist an unduly narrow view of their own remit. As Lord Briggs JSC clarified in Bresco Electrical Services Ltd ( In Liquidation) v Michael J Lonsdale ( Electrical) Ltd [2020] UKSC 25, even a tightly drawn reference still empowers the adjudicator to resolve all matters that can properly be raised in defence, including any cross-claims relied on as, or pleaded by way of, set-off. Here, the court found that the adjudicator’s omission to confront those issues was intentional rather than accidental, was material, and, had the...
In this issue: Adjudication Building safety Arbitration Construction industry news Daily and weekly news alerts New and updated content Construction trackers Adjudication Effect of Tomlin Order on right to adjudicate ( Dawnvale Cafe Components v Hylgar Properties) In Dawnvale Cafe Components Ltd v Hylgar Properties Ltd [2024] All ER ( D) 80 ( May), the TCC held that the claim D intended to refer to adjudication had not been concluded by a Tomlin Order. D, a kitchen and bar fit-out contractor, and H, a property developer, had agreed a contract for specified mechanical works. The relationship deteriorated, the contract was terminated, and H commenced adjudication, which it won. When D did not pay the remaining sum, H brought enforcement proceedings to recover the adjudicator's award. Those proceedings were resolved by a Tomlin Order. Two years later, H pursued further losses said to...
In this issue: Standard form contracts Adjudication Contract law Procurement in construction Litigation Construction industry news Daily and weekly news alerts New and updated content Construction trackers Standard form contracts JCT publishes 2024 Minor Works contracts and subcontracts, Short Sub-contract and Sub-subcontract On 15 May 2024, the Joint Contracts Tribunal ( JCT) released the 2024 versions of its Minor Works Building Contract, Minor Works Building Contract with contractor’s design, Minor Works Sub- Contract with sub-contractor’s design, Short Form of Sub- Contract and the Sub-subcontract 2024, complementing the 17 April 2024 publication of the Design and Build Contract and the Design and Build Sub- Contract Agreement and Conditions, together with the associated guides. This article examines how these documents vary from their 2016 counterparts, and the extent to which the updates seen in the 2024 DB forms have...
By 560 votes to 43, with 27 abstentions, the European Parliament backed a recommendation that the EU pull out of the increasingly contested treaty. This came after a late‑2022 attempt to modernise the ageing, post‑ Soviet‑era pact fell short. For years, European critics have argued the ECT shields fossil fuels over green energy initiatives by letting investors launch arbitration claims against states that introduce policies affecting their profits, including sudden bans on particular energy sources. The outcry intensified when Sweden’s Vattenfall brought an investor‑state case against Germany in 2012 over its nuclear phase‑out, and when UK‑based Rockhopper Exploration plc sued Italy after the country prohibited oil and gas projects off its coastline. Vattenfall’s claim was settled in 2021 for some US$1.5bn, while a year later Rockhopper secured a 190 m euro ( US$203.2m) arbitral award against Italy......
On 15 May 2024, the Joint Contracts Tribunal ( JCT) released its 2024 versions of the Minor Works Building Contract ( MW), the Minor Works Building Contract with contractor’s design ( MWD), the Minor Works Sub- Contract with sub-contractor’s design ( MWSub/ D), the Short Form of Sub- Contract ( Short Sub) and the Sub-subcontract ( Sub Sub) 2024. This follows the 17 April 2024 publication of the Design and Build Contract and the Design and Build Sub- Contract Agreement and Conditions, together with the related guides (see News Analysis: The JCT Design and Build Contract 2024—what’s changed?). These forms sit alongside the April releases and guides. The JCT MW and MWD suites are geared for schemes of relatively modest value where the Contractor must perform the construction works, and, for MWD, also undertake a defined element of the design...
Statutory adjudication— Adjudicator’s power under Scheme for Construction Contracts to correct a decision to remove a clerical error or typographical error ( Mc Laughlin & Harvey v LJJ) Mc Laughlin & Harvey Ltd v LJJ Ltd [2024] EWHC 1032 ( TCC) What are the practical implications of this case? There are concrete consequences for adjudicators and those engaged in adjudication. The TCC has emphasised that paragraph 22A(1) of the Scheme for Construction Contracts 1998—allowing an adjudicator, on their own initiative or at a party’s application, to correct their decision to remove an accidental clerical or typographical slip—operates within strictly confined bounds. It does not authorise the adjudicator to rectify mistakes that go to the reasoning or intention underpinning the decision. Where an adjudicator seeks to go beyond mere clerical or typographical correction, they risk producing an amended or revised decision that is not a valid...
In this issue: JCT 2024 contracts Building safety Adjudication Tort law Construction industry news Daily and weekly news alerts New and updated content Construction trackers JCT 2024 contracts JCT announces release date for Minor Works Building Contract family 2024 The JCT has confirmed the Minor Works Building Contract family 2024 Edition will be available from 15 May 2024. It comprises the Minor Works Building Contract 2024, the Minor Works Contract with contractor's design, the Minor Works Sub- Contract with sub-contractor's design, a Tracked Change Document, the Short Form of Sub- Contract and the Sub-subcontract 2024, plus updated Model Administration Forms, including MW and MWD 2024 Admin – Contract Administration Model Forms (digital only). See: LNB News 02/05/2024 68. Building safety HSE publishes guidance on building completion certificates The HSE has issued guidance on obtaining a completion or partial completion certificate following works to a higher-risk building. To register a high-rise residential building, residents must provide a...
In this issue: Environmental issues Planning for construction lawyers Construction industry news Lex Talk®Construction: a Lexis®Nexis community Daily and weekly news alerts New and updated content Construction trackers Environmental issues CLC announces the Five Client Carbon Commitments The CLC unveiled its Five Client Carbon Commitments, a framework enabling organisations to evidence the measures they are taking to cut carbon and record the reduction in emissions. Anglian Water, Heathrow, the Lower Thames Crossing, National Highways, Northumbrian Water, and Sellafield Ltd became the initial six signatories, with the CLC urging additional organisations to also come aboard now. The Construction Industry Council ( CIC) stated that the organisations already committed are expected to ‘invest tens of billions into UK infrastructure’, and further suggested this would assist in providing supply chain certainty with regard to the requirement for lower carbon...
In this issue: Building safety Procurement in construction Construction industry news Daily and weekly news alerts New and updated content Construction trackers Building safety Scottish Building Safety Levy HMT has released the joint consultation outcome by the UK and Scottish governments to the consultation on transferring powers for a Scottish Building Safety Levy. The consultation ran from 8 January 2024 to 19 February 2024, and invited views on a proposal to devolve powers to the Scottish Government to create a new tax in Scotland, closely matching the UK government’s Building Safety Levy in England. Following the joint consultation, the UK government will bring forward legislation enabling the Scottish Parliament to make law for the levy. See: LNB News 19/04/2024 55......
On 17 April 2024, JCT released the 2024 versions of its Design and Build ( DB) Contract and the Design and Build Sub- Contract ( DBSub), together with the accompanying guides. The JCT Design and Build forms are aimed at projects where the contractor is responsible for completing the design as well as delivering the works. The JCT DB Sub- Contracts are intended for use where the main agreement is the JCT DB, and may apply either when the sub-contract package is fully designed or when the sub-contractor must design part or all of the works. In this piece, we explore some of the principal updates in the 2024 JCT DB documents compared with the 2016 suite, concentrating on JCT DB 2024 (ie the main contract). Reference copies of JCT DB 2024 and JCT DBSub 2024, and their companion guides, can be found on...
In this issue: JCT 2024 contracts Payment Procurement in construction Arbitration Mediation Daily and weekly news alerts Construction trackers JCT 2024 contracts The JCT Design and Build Contract 2024—what’s changed? On 17 April 2024, the Joint Contracts Tribunal ( JCT) released the 2024 iterations of its Design and Build Contract and the Design and Build Sub- Contract Agreement and Conditions, accompanied by the relevant guides. In this piece, we explore how these new forms diverge from the 2016 versions......
Realm Construction Ltd v ISG Construction Ltd [2024] SAC ( Civ) 12 What are the practical implications of this case? Construction agreements often allow a payer to make deductions or set-offs from interim sums payable to the recipient, for amounts the recipient owes the payer (such as liquidated damages). The scope of the payer’s entitlement to deduct or set off is governed by the contract’s wording, and these withholdings frequently trigger disputes. Consequently, arguments about deductions recur frequently in relation to interim payments. This judgment offers useful guidance on a court’s approach to interpreting a clause that permits deduction or set-off. Key takeaways include: this decision is an unusual instance of the court adopting a reading it viewed as better aligned with commercial common sense and the legal context of the bargain (namely, the policy objectives of the Housing Grants,...
In this issue: Building safety Adjudication Daily and weekly news alerts New and updated content Construction trackers Building safety CIC clarifies competence requirement in Building Regulations The CIC has set out guidance on the ‘general competence’ duty for professional construction consultants to evidence capability, as required by Part 2A of the Building Regulations etc ( Amendment) ( England) Regulations 2023, SI 2023/911. Anyone involved in controlled building work must be competent for the tasks to which they are appointed. Competence is specific to each particular project, and proof may include appropriate qualifications, professional registration with a relevant body, and completion of a suitable health and safety test. Designers and principal designers submitting evidence of competence do not need to obtain a Certification Scheme for Construction Skills ( CSCS) card to prove their competence, nor is a CSCS card necessary to access a...
Wordsworth Construction Management Ltd v Inivos Ltd t/a Health Spaces [2024] EWHC 617 ( TCC) What are the practical implications of this case? This judgment is another on common issues raised in relation to adjudication enforcement, while the court’s analysis draws some notable distinctions in its reasoning. The threshold for a successful natural justice breach in adjudication remains exacting; even a potential mistake of law will not suffice where the adjudicator has addressed the pertinent issues (however briefly) and provided reasons in the decision. Regarding serial adjudications, the court also appears to have traced a delicate boundary between deciding an issue tied to the same facts and making a decision on the same claim in two adjudications, and practitioners may need to weigh this distinction carefully when interpreting/applying the Sudlows v Global Switch decision. What was the background? The dispute concerned two...
In this issue: Building safety Procurement in construction Construction industry news Lex Talk®Construction: a Lexis®Nexis community Daily and weekly news alerts New and updated content Construction trackers Building safety DLUHC publishes Q& As on building control changes for HRBs The DLUHC has released a set of Q& As responding to queries on updates to the building control route for HRBs, together with wider amendments to procedural building regulations in England. Covered themes include transitional provisions, statutory consultations, work in existing HRBs, enforcement, and lapse of plans. See LNB News 02/04/2024 19. HSE guidance on transitional arrangements for new HRBs The Health and Safety Executive has issued guidance on transitional building control arrangements for new HRBs. These transitional rules, introduced by legislation taking effect in October 2023, clarify which HRB work falls within the regime’s design and...
Battersea Project Phase 2 Development Company Ltd v Q. F. S Scaffolding Ltd [2024] EWHC 591 ( TCC) What are the practical implications of this case? The judgment offers clear direction on the nuanced ‘conclusive evidence’ machinery found in JCT contracts. Although the exact reach of these clauses differs between documents within the JCT suites, their common effect is that, after the works are finished, the Final Certificate/ FPN stands as definitive proof of the matters it addresses—including the valuation of the final account—unless court proceedings are commenced within the specified timescale to contest it. Here, the operative form was the JCT Design and Build Sub- Contract, 2011 edition. Even so, the court’s reasoning is expected to carry across to other JCT forms, and to analogous provisions appearing in other forms of contract as well in practice too......
In this issue: Procurement in construction JCT contracts Adjudication Building Safety Daily and weekly news alerts New and updated content Construction trackers Procurement in construction Government responds to consultation on Procurement Act 2023 draft regulations Procurement in construction Government responds to consultation on Procurement Act 2023 draft regulations The Cabinet Office has issued the government’s reply to the second phase of its consultation on the draft regulations intended to implement the Procurement Act 2023. This stage looked at transparency, the Central Digital Platform and the provision of certain Supplier Information, together with proposals for moving to the new regime. The government has indicated it will revise the statutory instrument ( SI) to enhance structure and clarity, in line with the consultation’s recommendations. It also stated that a final, consolidated SI drawing together measures from both...
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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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