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Press and Media
Whistle-blowing on illegal cartels drops 70% in 5 years
Competition and Markets Authority (CMA) recently increased award to £250,000 Calls to the CMA hotline have plummeted from 1,442 in 2017 to 427 in 2022
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Perspective - Blog
New 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digital markets regime, the requirements it will introduce, and how it may be enforced, and summarises the CMA’s new draft guidance under consultation on how it intends to implement the regime in practice.
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Perspective - Blog
The 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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Perspective - Blog
Summary judgment against persons unknown – a tale of two crypto judgments
Two recent crypto judgements in the High Court, Mooij v Persons Unknown (February 2024) and Boonyaem v Persons Unknown (December 2023) reached different conclusions regarding whether a summary judgment could be granted against unidentified (and unidentifiable) fraudsters, with Mooji deciding 'yes' and Boonyaem deciding 'no'.
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Perspective - Blog
Supreme Court confirms no knowing receipt claim where equitable interest is destroyed: Byers v Saudi National Bank
In Byers v Saudi National Bank, the Supreme Court affirmed the findings of the lower courts by holding that a claim for knowing receipt cannot be made if a claimant’s equitable interest in the property in question has been extinguished by the time of the defendant’s knowing receipt of the property.
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Perspective - Blog
Merchants Beat Venice: Court of Appeal finds that local authority of Venice did have capacity to enter into Interest Rate Swaps
In a significant judgment in Banca Intesa Sanpaolo and Dexia Credit Local SA v Comune di Venezia [2023] EWCA Civ 1482, the Court of Appeal overturned the findings of the High Court
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Perspective - Blog
Binance successfully challenges interim proprietary injunction over deposited cryptoassets
In Piroozzadeh v Persons Unknown and Others [2023] EWHC 1024 (Ch), the cryptocurrency exchange Binance successfully applied to discharge an interim proprietary injunction obtained by a claimant whose misappropriated cryptoassets had been deposited at the exchange. This is the first recorded case of an exchange successfully having discharged such an injunction.
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Perspective - Blog
High Court favours English jurisdiction in bribery claim brought by Kuwaiti pension fund
The High Court recently rejected an application, brought by two defendants to an alleged bribery claim advanced by a Kuwaiti pension fund, that the claim should be heard before the Swiss courts, holding that England was the proper jurisdiction both in order to avoid the risk of fragmentation of proceedings, and in view of the close connection of the claim to England.
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Perspective - Blog
Considering bringing an RFI application? Is it strictly necessary?
Andrew Ayres KC and Andrew Dinsmore (Twenty Essex), instructed by Parham Kouchikali and Suzie Kurdi of this firm, successfully resisted a Request for Further Information (RFI) in the High Court.
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Perspective - Blog
Court of Appeal rejects timing and informed consent defences in bond bribery case
In a recent decision, the Court of Appeal decided in Trafalgar Multi Asset Trading Company Limited (in liquidation) v James David Hadley and others that pleaded defences to a bribery claim were so fanciful as to entitle the claimant to summary judgment.
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Perspective - Blog
High Court rejects Group Litigation Order in FSMA litigation as it would not further the Overriding Objective
In a recent decision in Edward Moon & Ors v Link Fund Solutions, Mr Justice Trower dismissed an application by two groups of claimants, declining to make the Group Litigation Order (GLO) sought.
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Perspective - Blog
No loss? No Quincecare claim … the Supreme Court judgment in Stanford International Bank v HSBC
The Supreme Court has handed down its judgment in Stanford International Bank Ltd v HSBC Bank plc, deciding that there was no pecuniary loss suffered by the Claimant and therefore no basis for a Quincecare claim.
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Perspective - Blog
No need for perfection: ISDA Master Agreement default notice still valid where some errors made
The High Court has decided that a default notice under an ISDA Master Agreement is still valid even if it does not contain wholly accurate statements of the amount of the payment not made, the confirmation of the trade, or the currency of the payment.
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Perspective - Publication
Banking and financial litigation markets update - Summer 2022
In this overview we look at some of the most important judgments in recent months in the area of banking and financial markets litigation.
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Profile
Perspective - Blog
The CAT's new approach: I can't afford a carriage (dispute)
Since the collective proceedings regime in the UK's Competition Appeal Tribunal (CAT) kicked off, a number of carriage disputes have arisen. So-called 'carriage disputes' arise when there are two or more competing proposed class representatives (PCRs) seeking certification (and therefore 'carriage') of overlapping class actions.
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Profile
Perspective - Publication
All is not (necessarily) lost: Crypto crime recovery
With over 2 million people in the UK now holding and using cryptocurrency, and the Chancellor announcing that a government backed non-fungible token ("NFT") is to be issued by the Royal Mint this summer, the market for crypto-assets is expected to continue to grow in the coming months and years; so much so that legislation is planned to implement a new regulatory regime for the crypto market.
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Perspective - Blog
Court considers requirements for a condition precedent to litigation in Local Authority application
In Lancashire Schools SPC Phase 2 Ltd v Lendlease Construction (Europe) Ltd [2024] EWHC 37 (TCC) a local authority failed in its application to have the claim against it stayed or struck out on the basis of non-compliance with a contractual dispute resolution mechanism.
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Perspective - Publication
JCT 2024 has landed! This is the ideal time to update your contracts
The JCT 2024 suite of contracts has arrived, with the Design and Build Contract being the first to be released.
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Perspective - Blog
RICS 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.
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Perspective - Blog
First out the traps: Dissecting the first remediation order under the Building Safety Act
Our non-contentious construction team have recently contributed an article to Practical Law considering the first remediation order made by the First-tier Tribunal under section 123 of the Building Safety Act 2022 in Waite and others v Kedai Ltd (2023) LON/00AY/HYI/2022/0005 & 0016.
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Perspective - Blog
The 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.
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Perspective - Blog
CoA 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.
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Perspective - Blog
RICS 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.
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Perspective - Blog
BSA: 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.
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Perspective - Blog
The fit-out problem
An article considering the insurance strategy of fit-out works, which looks at co-insurance following the Court of Appeal's judgment in FM Conway Ltd v The Rugby Football Union and others [2023] EWCA Civ 418, the approach under JCT contracts, public liability insurance and the tenant's liability.
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Perspective - Blog
Responsible 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.
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Perspective - Publication
The Week That Was - 5 May 2023
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
BSA: 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.
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Perspective - Publication
The Week That Was - 24 March 2023
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
To 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?
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Perspective - Publication
The Week That Was - 17 February 2023
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 - Publication
New building safety requirements
The Building Safety Act 2022 (the Act) is the central plank in the government’s response to the Grenfell Tower disaster. The Act was enacted with the aim of improving the standard of buildings in England and securing the safety of people in or about those buildings, with a particular focus on fire safety.
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Perspective - Publication
The Week That Was - 3 February 2023
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 - Publication
The Week That Was - 20 January 2023
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
St 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.
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Perspective - Publication
The Week That Was - 23 December 2022
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 - Publication
The Week That Was - 16 December 2022
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
Building 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").
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Perspective - Publication
The Week That Was - 25 November 2022
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 - Publication
Fire Safety Act 2021: New tool to assist 'Responsible Persons' to prioritise reviewing fire risk assessments
The Home Office has published the Fire Safety Act Commencement Prioritisation guidance , to be used by 'Responsible Persons' in complying with their duties under the Regulatory Reform (Fire Safety) Order 2005 (FSO), as amended by the Fire Safety Act 2021 (FSA).
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Perspective - Publication
The Week That Was - 18 November 2022
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 - Publication
The Week That Was - 11 November 2022
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
Two-stage procurement: some key considerations for PCSAs
In our previous blog post, we introduced two-stage procurement and two key options for documenting it (a pre-construction services agreement (PCSA) followed by a separate main works contract and a Combined PCSA/Main Contract) noting that the differences were generally presentational or mechanical. For the purposes of this post, we will refer only to the PCSA and main contract option, but please note that the same principles apply to the Combined PCSA/Main Contract.
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Perspective - Publication
The Week That Was - 28 October 2022
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
Cladding and Valuation: Important RICS guidance under consultation until 31 October 2022 – have your say!
The consultation is part of RICS' plan to introduce a new professional standard for valuing properties in multi-storey, multi-occupancy residential buildings with cladding. This will take the form of an RICS-approved technical guidance note, with the objective of supporting an effective homebuying market.
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Perspective - Publication
The Week That Was - 14 October 2022
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 - Publication
The Week That Was - 7 October 2022
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 - Publication
The Week That Was - 30 September 2022
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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