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Perspective - Blog

BSA: Higher-Risk Buildings Regulations now in force - Property Managers Take Note

Published on 14 Apr 2023. By Katharine Cusack, Partner

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.

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Perspective - Blog

To be or Knot to be, a nuisance?

Published on 02 Mar 2023. By Alexandra Anderson, Partner and Katharine Cusack, Partner

One year on , has the recent decision of Davies v Bridgend County Council (BCC) helped or hindered that goal?

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Perspective - Blog

St James’s Oncology v Lendlease: the value of project-specific amendments to JCT contracts

Published on 12 Jan 2023. By Arash Rajai, Partner and Claire Wilmann, Senior Associate

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.

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Perspective - Blog

Building Safety Levy – Government Undertaking Second Consultation

Published on 28 Nov 2022. By Alexandra Anderson, Partner and Katharine Cusack, Partner and Sally Lord, Knowledge Lawyer

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").

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Perspective - Blog

Is an Alternative Dispute Resolution (ADR) clause a condition precedent? And even if it is, is it always enforceable?

Published on 08 Sep 2022. By Katharine Cusack, Partner and Ellen Ryan, Senior Associate

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.

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Perspective - Blog

EWS1 update

Published on 11 Apr 2022. By Alexandra Anderson, Partner and Lewis Manning, Associate

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.

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Perspective - Blog

RICS revised Rules of Conduct – coming soon

Published on 17 Jan 2022. By Alexandra Anderson, Partner and Katharine Cusack, Partner and Emrys Moore, Associate

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.

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Perspective - Blog

Does it matter if "the price is right"?

Published on 16 Dec 2021. By Alexandra Anderson, Partner and Katharine Cusack, Partner

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.

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Perspective - Blog

The Week That Was - 5 November 2021

Published on 05 Nov 2021. By Ben Goodier, Partner and Sarah O'Callaghan, Senior Associate

Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

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Perspective - Blog

The Week That Was - 29 October 2021

Published on 29 Oct 2021. By Ben Goodier, Partner and Sarah O'Callaghan, Senior Associate

Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

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Perspective - Blog

The Week That Was - 22 October 2021

Published on 22 Oct 2021. By Ben Goodier, Partner and Sarah O'Callaghan, Senior Associate

Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

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Perspective - Blog

The Week That Was - 8th October 2021

Published on 08 Oct 2021. By Ben Goodier, Partner and Sarah O'Callaghan, Senior Associate

Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

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Perspective - Blog

The Week That Was - 1 October 2021

Published on 01 Oct 2021. By Ben Goodier, Partner and Sarah O'Callaghan, Senior Associate

Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

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Perspective - Blog

The Week That Was - 24 September 2021

Published on 24 Sep 2021. By Ben Goodier, Partner and Sarah O'Callaghan, Senior Associate

Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

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Perspective - Blog

The Week That Was - 17 September 2021

Published on 17 Sep 2021. By Ben Goodier, Partner and Sarah O'Callaghan, Senior Associate

Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

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Perspective - Blog

Sanctions and next steps

Published on 17 Sep 2021. By Emma Wherry, Senior Associate and Sarah O'Callaghan, Senior Associate

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.

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Perspective - Blog

The Week That Was - 10 September 2021

Published on 10 Sep 2021. By Ben Goodier, Partner and Sarah O'Callaghan, Senior Associate

Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

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Perspective - Blog

The Building Safety Bill – time for property managers to prepare

Published on 07 Sep 2021. By Alexandra Anderson, Partner and Katharine Cusack, Partner

The way high-rise buildings are managed in this country is changing.

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Perspective - Blog

The Week That Was – 3 September 2021

Published on 03 Sep 2021. By Ben Goodier, Partner and Sarah O'Callaghan, Senior Associate

Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

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Perspective - Blog

The Week That Was - 27 August 2021

Published on 27 Aug 2021. By Ben Goodier, Partner and Sarah O'Callaghan, Senior Associate

Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

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Perspective - Blog

New RICS guidance for valuers - Another step in the right direction for valuers

Published on 27 Aug 2021. By Alexandra Anderson, Partner and Katharine Cusack, Partner

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.

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Perspective - Blog

The Week That Was – 20 August 2021

Published on 20 Aug 2021. By Ben Goodier, Partner and Sarah O'Callaghan, Senior Associate

Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

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Perspective - Blog

The Building Safety Bill – a welcome change?

Published on 16 Aug 2021. By Alexandra Anderson, Partner and Katharine Cusack, Partner

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.

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Perspective - Blog

The Week That Was – 13 August 2021

Published on 13 Aug 2021. By Ben Goodier, Partner and Sarah O'Callaghan, Senior Associate

Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

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Perspective - Blog

Fire Safety Act 2021: Clarification for the Responsible Person

Published on 09 Aug 2021. By Alexandra Anderson, Partner and Katharine Cusack, Partner

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.

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Perspective - Blog

The Week That Was – 6 August 2021

Published on 06 Aug 2021. By Ben Goodier, Partner and Sarah O'Callaghan, Senior Associate

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.

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Perspective - Blog

Architect receives 12 month suspension over "ugly duckling" home cinema design

Published on 06 Aug 2021. By Emma Wherry, Senior Associate and Sarah O'Callaghan, Senior Associate and Emrys Moore, Associate

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.

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Perspective - Blog

Knot so Weedy Afterall? RICS issues new draft guidance on Japanese Knotweed

Published on 19 Jul 2021. By Alexandra Anderson, Partner and Katharine Cusack, Partner

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.

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Perspective - Blog

Disciplinary investigations against architects #6 - Professional Conduct Committee Hearing: What to expect

Published on 18 Jun 2021. By Emma Wherry, Senior Associate and Sarah O'Callaghan, Senior Associate

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.

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Perspective - Blog

New RICS Guidance for Risks, Liability and Insurance April 2021

Published on 18 May 2021. By Alexandra Anderson, Partner and Katharine Cusack, Partner

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.

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Perspective - Blog

Fire safety – at last, some welcome news for surveyors

Published on 15 Apr 2021. By Alexandra Anderson, Partner and Katharine Cusack, Partner

We set out below news of a welcome change to the professional indemnity insurance available to surveyors relating to their fire safety work.

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Perspective - Blog

The RICS key to unlock the market?

Published on 09 Mar 2021. By Alexandra Anderson, Partner

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.

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Perspective - Blog

Disciplinary investigations against architects #5 - Referral to Professional Conduct Committee

Published on 16 Feb 2021. By Emma Wherry, Senior Associate and Sarah O'Callaghan, Senior Associate

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.

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Perspective - Blog

Building on renewable energy #3 – Anaerobic Digestion

Published on 24 Sep 2020.

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.

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Perspective - Blog

Building on renewable energy #2 - Wind power

Published on 05 Mar 2020.

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.

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Perspective - Blog

Disciplinary investigations against architects #3 – The review stage

Published on 24 Feb 2020. By Sarah O'Callaghan, Senior Associate and Emma Wherry, Senior Associate

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.

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Perspective - Blog

Disciplinary investigations against architects #2 - Complaints to the ARB

Published on 23 Jan 2020. By Sarah O'Callaghan, Senior Associate and Emma Wherry, Senior Associate

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.

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Perspective - Blog

Technology in Insurance

Published on 22 Jun 2022. By William Hogarth, Partner

On 16 June 2022 RPC hosted an afternoon of talks and panel sessions on the theme of 'Technology in Insurance', the culmination of the firm's TechWeek which brings market experts and lawyers together to discuss risks and opportunities with new technologies within different business sectors.

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Perspective - Blog

New CMA Guidance on the Digital Markets Regime published for consultation

Published on 28 Jun 2024. By Tom McQuail, Partner and David Cran, Partner, Head of IP & Tech and Chris Ross, Partner and Leonia Chesterfield, Of Counsel and Melanie Musgrave, Of Counsel

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.

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Perspective - Blog

The Digital Markets, Competition and Consumers Act – the Competition Perspective

Published on 28 Jun 2024. By Tom McQuail, Partner and Chris Ross, Partner and Leonia Chesterfield, Of Counsel and Melanie Musgrave, Of Counsel

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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Perspective - Blog

Digital Markets, Competition and Consumers Act becomes law

Published on 04 Jun 2024. By David Cran, Partner, Head of IP & Tech and Chris Ross, Partner and Leonia Chesterfield, Of Counsel and Melanie Musgrave, Of Counsel

Following the announcement of a date for the general election, the Digital Markets, Competition and Consumers Act (DMCC) rapidly sped through the final stages of parliamentary processes to become law on 24 May 2024

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Perspective - Blog

Ofcom's 'Roadmap to Regulation' underway with its consultation on illegal harms duties under the Online Safety Act

Published on 12 Jan 2024. By Jessica Kingsbury, Associate

In November, Ofcom, as new online safety regulator, published the first of four major consultations under the Online Safety Act ("OSA"), which sets out its proposals for how "user-to-user" ("U2U") services (essentially any online website or app that allows users to interact with each other) and online search services (i.e. Google, Bing and similar) should approach their illegal content duties under the new legislation. The consultation provides guidance in a number of areas including governance, content moderation, reporting and complaints mechanisms, terms of service, supporting child users, and user empowerment.

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Perspective - Blog

Thaler v Comptroller [2023] UKSC 49: the UKSC rules that AI cannot be an 'inventor'

Published on 10 Jan 2024. By Matthew Jones, Partner

To the surprise of no one, the UK Supreme Court (UKSC) has finally ruled that an artificial intelligence (AI) cannot be an inventor for the purposes of UK patent law. This judgment accords with the decisions of the lower courts in the UK and the initial ruling of the UKIPO. It also reflects similar findings from most of courts around the world where the claimant, Dr Thaler, brought similar actions.

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Perspective - Blog

Criminal Liability for Senior Managers under the Online Safety Act

Published on 05 Oct 2023. By Jessica Kingsbury, Associate

Under the Online Safety Act (OSA), senior managers of in-scope services could be held personally liable in certain circumstances for the company's non-compliance with obligations within the legislation.

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Perspective - Blog

The Online Safety Bill is set to become law

Published on 21 Sep 2023. By Rupert Cowper-Coles , Partner, Media and Nadia Tymkiw, Senior Associate and Jessica Kingsbury, Associate

The Online Safety Bill will shortly become law in the UK as soon as it receives Royal Assent. The legislation will introduce a new regulatory regime for online platforms and search engines which target the UK, imposing wide-ranging obligations on in-scope services with serious consequences for non-compliance.

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Perspective - Blog

Generative AI and intellectual property rights—the UK government's position

Published on 03 May 2023. By Helen Armstrong, Partner and Jani Ihalainen, Associate and Joshy Thomas, Knowledge Lawyer

The IPO is to produce a code of practice by the summer that will provide guidance to support AI firms in accessing copyright protected works as an input to their models.

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Perspective - Blog

Silicon Valley, Signature and Credit Suisse: what do they all share(holder) in common?

Published on 28 Mar 2023. By James Wickes, Partner and Oliver Knox, Partner and Jessica Pease, Associate

In what has been termed "the biggest banking crisis since 2008", both Silicon Valley Bank (SVB) and Signature Bank have collapsed, and Credit Suisse has been rescued. Whether more banks are to follow suit is yet to be seen.

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Perspective - Blog

New Digital Regulators on the 2023 Horizon: the Digital Markets Unit and the European Centre for Algorithmic Transparency

Published on 02 Dec 2022. By David Cran, Partner, Head of IP & Tech and Chris Ross, Partner and Leonia Chesterfield, Of Counsel

For a number of years, the UK Government has been laying the groundwork to bring in a digital markets regime to regulate digital firms designated as having ‘strategic market status’ (SMS). To be designated as having SMS, a firm must have 'substantial and entrenched market power' in at least one activity. Companies having SMS are likely to include the largest tech firms such as Amazon, Apple, Google, Microsoft and Meta (the so called 'GAMMA' firms).

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Perspective - Blog

Digital services providers—Commission to focus on implementation phase of EU consumer protection legislation

Published on 31 Oct 2022. By David Cran, Partner, Head of IP & Tech and Leonia Chesterfield, Of Counsel and Ellie Chakarto, Associate

The Digital Services Act (DSA) and the Digital Markets Act (DMA) are published in the Official Journal and the plenary vote of the European Parliament on the proposed text of the AI Act is expected once amendments are agreed by negotiators. The Commission is now turning its focus to the implementation phase of these landmark regimes. So, what does the future hold for the European tech sector and how might it differ for the UK?

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Perspective - Blog

The EU Digital Markets Act - a focus on gatekeeper obligations and sanctions

Published on 12 Oct 2022. By David Cran, Partner, Head of IP & Tech and Leonia Chesterfield, Of Counsel and Joshy Thomas, Knowledge Lawyer

What key obligations will the Digital Markets Act (DMA) impose on online platforms designated as gatekeepers?

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