Introduction to delay and disruption A construction contract will, ordinarily, specify the date by which the works are to be completed (the 'completion date'). However, during the course of a construction project, it is common for events to occur which delay or disrupt the progress of the works and which may, as a result, affect the contractor’s ability to complete the works by the completion date. Delay and disruption are some of the most common causes of claims and disputes on construction projects. It is important to distinguish between delay and disruption—the difference between these two concepts is, in programme terms, the difference between critical and non-critical delay. Disruption is often mistakenly treated the same as delay, and they are commonly talked about together (as 'delay and disruption') as though they are the same thing and their implications are the same. Delay and disruption are, however, two distinct concepts. How delay or disruption are dealt with will depend both on the relevant cause of each and their impact on the contractor’s ability to complete the works

Arbitration analysis: O’Farrell J in the Technology and Construction Court has rejected an application for an extension of time under section 79 of the Arbitration Act 1996 (AA 1996) for permission to appeal against an arbitral award on a point of law under AA 1996, s 69. The award was dated 12 May 2016 but the claimant had not paid the arbitrator’s fees until he sent a cheque by post on 19 July 2016. He issued his arbitration claim form on 5 September 2016. The judge found that the claimant had no reasonable excuse for the delay in paying for and collecting the award. She also rejected an application to amend the arbitration claim to introduce a serious irregularity challenge under AA 1996, s 68 against a subsequent costs award.

Introduction The standard of the duty of care for doctors and other medical practitioners is well-known. However, claims for delayed treatment and diagnosis are invariably complicated by causation issues. Almost all clinical negligence claimants will (obviously) come to their clinician with risks to their health already in place. Establishing whether, and precisely what, additional loss and damage has been caused by the alleged medical negligence is the issue at the heart of this area of practice. Types of claim Delayed treatment and diagnosis cases are common in all parts of the NHS. The most significant claims arise in cases of acute and emergency care—there are so many stages in the journey of a sick patient through a complex major hospital, and the opportunities for delay present themselves at each stage. Key examples might be: • delays with ambulances arriving at the scene or transporting to hospital • patients being wrongly triaged at A&E • delays in being referred for investigations • investigations

Pensions analysis: The Deputy Pensions Ombudsman (DPO) has rejected a complaint about a delay in processing a member’s crystallisation event as the delay was unlikely to have caused an actual loss. Martin Scott of gunnercooke LLP looks at the decision.

Dispute Resolution analysis: The Court of Appeal has upheld the Queen’s Bench Division’s decision to allow an appeal and reinstate default judgment following the defendant’s failure to file its listing questionnaire (or pre-trial checklist (PTC)) in accordance with an unless order. In doing so, the Court of Appeal has considered the extent to which the breach of the unless order should be looked at in isolation and the fatal effect the defendant’s failure to act promptly on receiving the default judgment had on its ability to defend the claim. The decision applied the three-stage Denton test under CPR 3.9 and is perhaps the strongest indication yet of the importance of appropriate action being taken immediately in situations of default.

As noted in our previous updates, the Cabinet Office published updated guidance on payments compliance notices under the Procurement Act 2023 (PA 2023) in August 2025. The guidance sets out the requirements for contracting authorities to publish payments compliance notices on the central digital platform under PA 2023, s 69 and the Procurement Regulations 2024, SI 2024/692, reg 38. Previous updates to the guidance indicated that, as part of the phased implementation of the noticing regime under PA 2023, the requirement to publish payments compliance notices would kick in from 1 October 2025. However, as things stand, no regulations have been made to bring the relevant provisions of PA 2023, s 69 into force. We understand these regulations are now due to be laid in Q1 2026 and that the guidance on payments compliance notices is being reviewed accordingly.

The Deputy Pensions Ombudsman (DPO) has rejected a complaint about a delay in the payment of a transfer value, finding that the delay was within the statutory six-month deadline and was not unreasonable. Martin Scott of gunnercooke LLP looks at the decision.

Property Disputes analysis: In Durkan Estates Ltd v Wallace Estates Ltd, the TCC refused summary judgment on whether delay in performing a Building Safety Act 2022 (BSA 2022) remediation agreement amounted to repudiatory or anticipatory breach. Although the remediation order and regulatory context heightened the practical importance of timely performance, they did not alter the common law test for repudiation or make time of the essence. Durkan had a real prospect of establishing estoppel, prevention and affirmation arguments requiring factual investigation at trial. The decision emphasises the importance of expressly aligning contractual completion dates with remediation deadlines, allocating regulatory delay risk and providing effective cure and termination machinery. Practitioners should also ensure that positions adopted in concurrent First-tier Tribunal (FTT) proceedings do not inadvertently affirm a contract or compromise termination rights. Produced in partnership with Alice Sims of Keating Chambers.

Family analysis: What factors will the court consider in Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) proceedings when dealing with an application for permission to apply for provision from the deceased’s estate after a substantial delay?

Assimilated Regulation (EU) 596/2014 (UK Market Abuse Regulation (UK MAR)) applies in the UK as of IP completion day (31 December 2020). UK MAR is supplemented and modified by the Market Abuse (Amendment) (EU Exit) Regulations 2019 (SI 2019/310) and the MAR sourcebook in the Financial Conduct Authority (FCA)’s Handbook. Guidance is also provided on the Market Abuse Regulation page on the FCA’s website. ‘Inside

Pensions analysis: The Deputy Pensions Ombudsman has rejected a complaint about a delay in making a transfer payment. Martin Scott of gunnercooke LLP looks at the decision.

The European Court of Human Rights (ECtHR) has found, in favour of the UK, that delays in releasing two indeterminate-sentence prisoners, after the Parole Board had directed their release, did not breach Article 5 of the Convention.