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Competition body secures real estate agent director disqualifications

By Simon Barnes, Angela Gregson and Louisa Mottaz On Tuesday 10 April, the UK competition regulator, the Competition and Markets Authority (CMA) announced that it secured the disqualification of two directors of the Abbott and Frost Estate Agents Ltd in Burnham­-on­-Sea for breaching competition law. The disqualification follows the investigation into anti­competitive agreements between six real […]

A constructive development for employers to construction contracts?

A significant judgment in Justice Coulson’s final case in the TCC before heading off to the Court of Appeal (Grove Developments Ltd v S&T (UK) Ltd [2018] EWHC 123 (TCC, [2018] All ER (D) 08 (Mar)) has allowed an employer to challenge, by way of further adjudication, the amount due to a contractor in respect […]

High Court quashes unconditional planning permission over error

By Katherine Evans The High Court has quashed an unconditional and permanent planning permission which had been granted in December 2011 on the basis of an error by the local planning authority (LPA). The error, being the omission of conditions including a five-year time limit which had clearly been envisaged by the planning committee, did […]

Construction: What does insolvency mean for your contract?

By Sue Ryan, Pippa Hill, Lindsay Hammond and Stephan Smoktunowicz In the second of our mini­series on insolvency in construction, we consider what you need to do when you find out that the party you are in contract with has become (or is about to become) insolvent. Who are you in contract with? Which specific entity? Does the […]

New rules on residential development from conversions of agricultural buildings

On 6 April 2018, amendments made pursuant to the Town and Country Planning (General Permitted Development) (England) (Amendment) Order 2018 (the New Regulations), SI 2018/343 came into force which extended permitted development rights in relation to agricultural buildings. What is permitted development?

Best-laid plans: Onus to obtain consent falls on employer

In Clin ­v­ Walter Lilly & Co Ltd [2018] EWCA Civ 490, the Court of Appeal held an implied term would be implied into a building contract (based on amended JCT terms) to provide for the employer’s obligations relating to planning permission or conservation area consent. On 25 September 2012, Mr Clin (the Employer) engaged […]

New BIM protocol published – What you need to know

By Sarah Rock and Michael O’Shea The 2nd edition of the UK’s only standard form Building Information Modelling (BIM) Protocol was published on 10 April 2018 following significant consultation with the construction industry, legal practitioners and standard contract publishing bodies and is stated to have ‘been updated to reflect current practices and standards regarding the […]

Judicial Review of ministerial statement on neighbourhood plans overtaken by revised NPPF

By Christopher Young QC The Judicial Review of the Written Ministerial Statement (“WMS”) on Neighbourhood Development Plans (NDP”) (12 December 2016) was brought by 25 house builders and developers. It challenging both the process and content of the WMS. The key attribute of the WMS is that it removes the requirement for a 5-­year supply […]

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