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The Future of Insolvency Regulation
On 21 December 2021 the Government launched a consultation into the future of insolvency regulation. The changes proposed in the consultation document will have a wide ranging impact on the insolvency profession (and its insurers) with the proposals including: the direct regulation of insolvency firms, the introduction of a single regulatory body with powers to order compensation against insolvency practitioners and firms, a new additional requirements regime, changes to the bond regime and a public register of insolvency practitioners and firms. Many of the changes proposed require primary legislation and so it may be some time before the changes to take effect (if adopted). But there does appear to be some wind behind these proposals given they follow on from the Call for Evidence in 2019 and a more general focus on insolvency issues in the wake of the Covid-19 pandemic.
Read moreFOS proposals to clear the back-log - attractive or not?
The Financial Ombudsman Service (FOS) has proposed a temporary approach to the classification of certain complaints in an attempt to alleviate their complaints backlog exacerbated during the COVID-19 pandemic. The approach could see firms looking to pro-actively resolve complaints before a defined cut off date before FOS reaches a decision so that the complaint is recorded separately and not as a "change in outcome" (i.e. where a complaint has been rejected by a business and upheld by FOS). The consultation was open for a short two-week period between 4 and 18 October 2021.
Read moreAggregation under the solicitors' minimum terms: are primary layer insurers ready for potentially limitless liability?
In Baines v Dixon Coles & Gill the Court of Appeal has substantially limited the extent to which claims against solicitors can aggregate.
Read moreConstruction disciplinary trends analysis #3: fraud and dishonesty
This article is the third instalment in our mini-series analysing trends in disciplinary decisions involving construction professionals, with insight from our specialist disciplinary team.
Read moreRICS PII Minimum Terms consultation – last chance to have your say
RICS requires all regulated firms in the UK and Ireland to hold "adequate and appropriate" indemnity insurance which meets RICS' Minimum Policy Wording.
Read moreThe proposed new RICS Residential Retrofit Standard
We explain the proposed RICS Residential Retrofit Standard and offer practical tips for complying with the new Standard when it comes into force.
Read moreCoA paves the way for the responsible developer
Our team explore a recent judgment that touches on crucial factors for developers and construction professionals when dealing with remedying defects in buildings.
Read moreRICS disciplinary process: guidance for surveyors on sanctions (4 of 4)
This fourth article considers the sanctions the RICS can impose and the next steps for surveyors following a disciplinary decision.
Read moreBSA: new guidance for principal accountable persons to assist in registration with BSR
Our team explain the Health & Safety Executive's new guidance for Principal Accountable Persons detailing what key building information they need to provide when registering a high-rise residential building with the Building Safety Regulator, and what PAPs should be doing now in preparation for registration, which closes on 30 September 2023.
Read moreResponsible Actors Scheme forecast for Summer 2023
The Government has recently published secondary legislation setting out its intention to implement its Responsible Actors Scheme (RAS) with further guidance to come by this Summer.
Read moreBSA: Higher-Risk Buildings Regulations now in force - Property Managers Take Note
The Government has been working on safety measures for high rise buildings following the Grenfell Tragedy to provide comfort to residents in order for them to feel safe in their homes.
Read moreTo be or Knot to be, a nuisance?
One year on , has the recent decision of Davies v Bridgend County Council (BCC) helped or hindered that goal?
Read moreSt James’s Oncology v Lendlease: the value of project-specific amendments to JCT contracts
The recent judgment of the TCC in St James’s Oncology SPC Ltd (Project Co) v Lendlease Construction (Europe) Ltd and another provides a fascinating commentary on the importance of drafting a building contract that is tailored to deliver the needs of the employer and the end-user.
Read moreBuilding Safety Levy – Government Undertaking Second Consultation
The Government has just announced it is commencing another consultation on building safety, this time by way of second consultation on the Building Safety Levy ("the Levy").
Read moreIs an Alternative Dispute Resolution (ADR) clause a condition precedent? And even if it is, is it always enforceable?
The Case of Children's Ark Partnerships Ltd v Kajima Construction (Europe) UK Ltd and another [2022] EWHC 1595 (TCC) considers ADR clauses in more detail and highlights the importance of ensuring there is sufficient detail regarding the ADR process within the contract, failing which may result in serious consequences including challenges to the court's jurisdiction and a stay of proceedings.
Read moreEWS1 update
A joint statement made by The Royal Institution of Chartered Surveyors ('RICS') and six major lenders has clarified the position of the lender and valuation industries with regard to fire safety remedial works and mortgage lending.
Read moreRICS revised Rules of Conduct – coming soon
The RICS's new Rules of Conduct are due to come into force on 2 February 2022. The rules combine the previously separate codes for individuals and firms in force since 2007 with the Global Professional and Ethical Principles from 2009, with the intention of providing a single, concise summary of all relevant principles, in order to allow RICS member firms and clients to understand what good professional practice looks like.
Read moreDoes it matter if "the price is right"?
The recent case of Serene Construction Ltd v Salata and Associates Ltd has offered further insight on the Courts' approach to claims against bank-appointed receivers where they are instructed to market and sell land.
Read moreThe Week That Was - 5 November 2021
Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.
Read moreThe Week That Was - 29 October 2021
Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.
Read moreThe Week That Was - 22 October 2021
Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.
Read moreThe Week That Was - 8th October 2021
Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.
Read moreThe Week That Was - 1 October 2021
Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.
Read moreThe Week That Was - 24 September 2021
Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.
Read moreThe Week That Was - 17 September 2021
Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.
Read moreSanctions and next steps
Further to our previous articles detailing the stages of the Architect Registration Board's (ARB) disciplinary process up to the Hearing, this final article considers the sanctions the PCC can impose and briefly considers what steps can be taken if an unfavourable decision is reached.
Read moreThe Week That Was - 10 September 2021
Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.
Read moreThe Building Safety Bill – time for property managers to prepare
The way high-rise buildings are managed in this country is changing.
Read moreThe Week That Was – 3 September 2021
Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.
Read moreThe Week That Was - 27 August 2021
Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.
Read moreNew RICS guidance for valuers - Another step in the right direction for valuers
RICS has produced a Guidance Note for the valuation of residential leasehold properties for secured lending purposes, aimed at providing valuers with a best practice guide when undertaking valuations in what has been a turbulent sector over the last 5 years.
Read moreThe Week That Was – 20 August 2021
Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.
Read moreThe Building Safety Bill – a welcome change?
Following the Grenfell tragedy on 14 June 2017, the Government appointed Dame Judith Hackitt, former Chair of the HSE, to undertake an independent review of building safety in high-rise buildings. Dame Judith commented that the current system is "far too complex" and "lacks clarity as to who is responsible for what" with "inadequate oversight and enforcement". She wanted her recommendations to form the foundation of a clearer, simpler and more robust approach to the building and management of high-rise residential buildings. Her report was published in May 2018.
Read moreThe Week That Was – 13 August 2021
Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.
Read moreFire Safety Act 2021: Clarification for the Responsible Person
The Fire Safety Bill (the "Bill") received Royal Assent on 29 April 2021 and is now known as the Fire Safety Act 2021 (the "Act"). Although the date has not yet been confirmed for when the Act comes into force, this is another significant development on the issue of fire safety.
Read moreThe Week That Was – 6 August 2021
Pursuant to a building contract novated to Toppan, Simply was engaged to construct a care home and subsequently provided a collateral warranty in favour or the operator, Abbey. Defects were found at the care home and Abbey obtained an adjudicator's decision against Simply for damages for loss of trading profit.
Read moreArchitect receives 12 month suspension over "ugly duckling" home cinema design
Daniel Marcal, an internationally renowned and award winning architect, was retained by Phillip Freeborn, former head of operations at Barclays Capital and his wife Christina Goldie to design an "architectural jewel" of a home cinema, in their £7 million London home. However, as Mr Freeborn told the High Court in his claim against Mr Marcal, he ended up with a "wonky" "expensive white elephant", rather than the sleek modernist cube floating over his pool that he had wanted.
Read moreKnot so Weedy Afterall? RICS issues new draft guidance on Japanese Knotweed
The RICS is seeking consultation on its Japanese Knotweed draft guidance note. The consultation, which you can access here, opened on 22 June 2021 and closes on 3 August 2021.
Read moreDisciplinary investigations against architects #6 - Professional Conduct Committee Hearing: What to expect
Further to our previous five articles detailing the stages of the Architect Registration Board's (ARB) disciplinary process up to the Referral to Professional Conduct Committee stage, this article considers the Professional Conduct Committee Hearing, and what Architects should expect if their case reaches this stage.
Read moreNew RICS Guidance for Risks, Liability and Insurance April 2021
The RICS have produced a new Guidance Note entitled "Risks, Liability and Insurance", which came into effect on 1 April 2021. This note is a must read for surveyors and provides practical advice for risk management and the points to consider when seeking professional indemnity cover.
Read moreFire safety – at last, some welcome news for surveyors
We set out below news of a welcome change to the professional indemnity insurance available to surveyors relating to their fire safety work.
Read moreThe RICS key to unlock the market?
In December 2019, the RICS launched a new form, the EWS1, to assist with the process of valuing properties within all residential buildings over six storeys (18 metres). In the wake of the Grenfell Tower tragedy, lenders were needing to understand whether materials used for cladding/insulation were safe and would require remediation at a cost that would have impact on the value of the property. The EWS1 form was intended to provide a quick route to ascertain whether works were required that might have an impact on value.
Read moreDisciplinary investigations against architects #5 - Referral to Professional Conduct Committee
Further to our previous four articles detailing the stages of the Architect Registration Board's disciplinary process up to the Investigations Panel Stage, this article considers the steps that are taken by the ARB in order to refer the matter to the Professional Conduct Committee and the steps that an Architect may wish to take to prepare for that hearing.
Read moreBuilding on renewable energy #3 – Anaerobic Digestion
Anaerobic digestion is the process by which biodegradable materials are broken down in a controlled environment. Whilst being broken down, the materials emit gas (which can be used as a source of renewable energy), and produce heat (which can also be harnessed on or near-to site). The process also leaves a waste material (digestate), which can be used as fertiliser, contributing to the circular economy.
Read moreBuilding on renewable energy #2 - Wind power
Wind power is, unsurprisingly, generated by wind (typically as little as a light breeze) passing over and turning the turbine's blades. The blades are connected via a shaft and gearbox to a generator, which converts the kinetic energy into electrical energy. A transformer then increases the voltage of the generated energy to enable transmission to the grid.
Read moreDisciplinary investigations against architects #3 – The review stage
Further to our previous two articles which provided (1) an overview of the Architect Registration Board's disciplinary process and (2) a review of the complaints stage we explain the next stage of a disciplinary investigation against an Architect, the review stage.
Read moreDisciplinary investigations against architects #2 - Complaints to the ARB
Further to our previous article which provided an overview of the Architect Registration Board's disciplinary process, we explain the first stage of a disciplinary investigation against an Architect, the complaint stage.
Read moreNo objection: When is a party barred from challenging jurisdiction where it continues in the arbitration?
The High Court has provided invaluable guidance on the factors that it will consider when determining when a party is barred from challenging jurisdiction under s. 67 of the Arbitration Act 1996 (the Act) by failing to raise an objection while continuing to take part in the arbitration.
Read moreNew digital markets regime guidance published for consultation
The Digital Markets, Competition and Consumers Act 2024 received Royal Assent on 24 May 2024. This article considers who will be impacted by the new digital markets regime, the requirements it will introduce, and how it may be enforced, and summarises the CMA’s new draft guidance under consultation on how it intends to implement the regime in practice.
Read moreThe Digital Markets, Competition and Consumers Act – the Competition Perspective
This article considers the key changes to general competition law under the Digital Markets, Competition and Consumers Act which received Royal Assent on 24 May 2024 and is expected to enter into force in the Autumn.
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