Construct.Law - Summer 2021
Welcome to the latest edition of our construction, engineering and projects publication, Construct.Law.
The construction industry is still navigating the concurrent challenges of the COVID-19 pandemic and Brexit. However, the difficulties of the last 12 months may also create opportunities. With this in mind, we feature a number of articles on modern methods of construction, which may finally become more mainstream in the coming years.
The Housing Grants, Construction and Regeneration Act 1996 (as amended) continues to generate new case law. We look at two recent cases, concerning interim payment applications and jurisdictional issues.
The words “Subject to Contract” are often used during negotiations.We review an interesting case in the Technology and Construction Court about the effect of these words. The fiendish complexity of contractual relationships can also cause issues during construction projects. We have a couple of articles considering assignment, novation and how a “black hole” might arise. This should provide a warning to any involved in preparing construction contracts to ‘get the parties right’!
Our Essential Law series also continues, with not one but three articles covering liquidated damages – what are LADS and can they be challenged? There is news of a new regulator for construction products. Finally, there are interesting and varied articles on competition law, expert evidence and residential property developers tax. We hope you enjoy reading this edition of Construct.Law. You may also be interested in our regular podcasts, which are available on Podbean, Apple Podcasts, Spotify and on our website. Recent episodes include practical tips for handover of a successful project and a mock conference with counsel covering insurance claims and delay issues. Please do get in touch if you would like to discuss any of the issues covered by Construct. Law or if there are any topics which you would like us to cover in future editions.
Our thinking
IBA Annual Conference
The IBA heads to Miami for its 2022 Annual Conference bringing together thousands hundreds of lawyers from around the world.
Martin Wright
Joint Venture Opportunities
Join our panel where we will discuss various topics including Joint Venture structuring and Partner procurement.
Julia Cox
Mind your business: Safeguarding your business against loss of mental capacity
Practical considerations to safeguard your business against loss of mental capacity.
Sarah Anticoni
FT Wealth quotes Sarah Anticoni on forum shopping
"Being the first to file for divorce is not a foolproof way of securing an English hearing"
Louise Ward
What can UK investors interested in Life Sciences learn from their more experienced, including US, counterparts?
The recent tie-up between Canary Wharf and Kadans demonstrates the enthusiasm to access the lucrative UK life sciences market.
Helen Coward
Helen Coward writes for Tax Journal on the main purpose test for SDLT group relief
Mainly ignored? The main purpose test for SDLT group relief
Patricia Nathan-Amissah
The Ayes have it - Collateral Warranties can be a ‘Construction Contract’
The Court of Appeal handed down its judgment in the case of Abbey Healthcare (Mill Hill) Limited v Simply Construct (UK) LLP
Andrew Collins
Charles Russell Speechlys advises Caretech Holdings PLC on its proposed £870.3 million take private
Charles Russell Speechlys is advising the independent board of Caretech Holdings PLC, in its take private sale to Amalfi Bidco Limited.
Rebecca Davies
Islamic Finance News reports on the appointment of Rebecca Davies to Legal Director in our Middle East team
Islamic Finance News reports on the appointment of Rebecca Davies to Legal Director in our Middle East team
Jonathan Morley
Charles Russell Speechlys advising Battery Ventures on the sale of SPT Labtech for £650 million.
Battery Ventures has raised over $9 billion to invest in software and services, enterprise infrastructure, and much more around the world.
Sarah Farrelly
Windrush Day 2022 – supporting access to justice
Charles Russell Speechlys is proud to continue supporting survivors of the Windrush scandal in their fight for justice.
Peter Smith
Building the Case for Family Business Arbitration in the GCC Region
The GCC has one of the highest concentrations of family businesses anywhere in the world.
Laura Bushaway
The Leasehold Reform (Ground Rent) Act 2022: Landlords and developers beware serious sanctions for non-compliance
The Leasehold Reform (Ground Rent) Act 2022 received Royal Assent on 8 February 2022 and will come into force on 30 June 2022.
Emma Preece
EG quotes Emma Preece on the Picturehouse and BNY Mellon rent arrears cases
“The case is being closely watched by landlords and tenants alike as the impact of the pandemic lives on in the commercial property sector”
David Coates
Charles Russell Speechlys has advised long-standing client Stonegate on a series A investment into Peckwater Brands
Stonegate is one of the largest pub companies in the UK with a rich portfolio that covers over 4,500 sites.
Sarah Farrelly
Pro bono support for major office premises move for charity in Stoke-on-Trent
Emmaus entities provide safe homes, community support and meaningful work to formerly homeless people across the UK.
Ghassan El Daye
The Business Breakfast interviews Ghassan El Daye on the legal procedures surrounding international extradition
The Business Breakfast interviews Ghassan El Daye on the legal procedures surrounding international extradition
Rachel Warren
Financier Worldwide quotes Rachel Warren on the UK’s Economic Crime Act
Evaluating the UK’s Economic Crime Act
Felicity Chapman
Julia Cox and Felicity Chapman write for International Adviser on the rise of pre-nups in the UK
Julia Cox and Felicity Chapman write for International Adviser on the rise of pre-nups
Samuel Lear
Property Patter: Reasonable Endeavours
What does it mean to use ‘best’, ‘all’ or ‘reasonable’ endeavours?