The following Construction practice note provides comprehensive and up to date legal information covering:
This Practice Note looks at the principal types of policy or guarantee (other than latent defects insurance) that are currently on the market to protect homeowners and developers against latent defects in new, and newly converted, homes and considers several of the most widely provided warranties: those provided by NHBC or the National House Building Council (Buildmark), Premier Guarantee and Local Authority Building Control (LABC) Warranty, the providers jointly responsible for the introduction of the Consumer Code for Home Builders (the Code) in April 2010. The Code contains standards of good practice, procedures and information with which homebuilders who have registered under the Code are obliged to comply.
A new home warranty is an insurance policy that gives the buyer of a newly built, or newly converted, home protection in relation to certain types of structural defects that may occur in the building. This type of warranty has existed for many years. The warranty offers protection up to a specified value and for a specified period (typically ten years) and is intended to reassure the homebuyer that defects that occur in the property within the warranty period will be remedied. Most new build properties in the UK are sold with the benefit of this type of warranty and, in fact, most mortgage providers will not provide finance on the
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Subrogation in insurance and reinsuranceWhat is the right of subrogation?In the context of insurance and reinsurance, the right of subrogation entitles an insurer or reinsurer, having indemnified the (re)insured, to ‘step into its shoes’ to bring an action in the (re)insured’s name. For the purpose
ECHR, art 5(4)—rights and dutiesThe scope of article 5(4) Article 5(4) of the European Convention of Human Rights (ECHR) provides that: 'Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided
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Stay of proceedings—when can you apply to stay a claim?This Practice Note considers the question of when court proceedings can be stayed. It identifies scenarios in which a party may apply for a stay of proceedings, including to allow for: a jurisdictional challenge; arbitration; an attempt to
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