In March 2026, the UK Government laid the Building Regulations etc. (Amendment) (England) Regulations 2026, SI 2026/335 (the 2026 Regulations). The 2026 Regulations amend the Building Regulations 2010, SI 2010/2214 (BR 2010), to implement the Future Homes and Buildings Standards (FHBS) and amend the Building (Registered Building Control Approvers etc.) (England) Regulations 2024, SI 2024/110 (the Approver Regulations 2024). The 2026 Regulations apply in England to ‘buildings and building work’, as defined in BR 2010, regulation 3(1). Subject to specific provisions relating to higher-risk building (HRB) work and work to existing HRBs, the 2026 Regulations come into force on 24 March 2027. Regulations 3, 4, 6, 7, 8 and 9 come into force on 24 September 2027 in relation to HRB work and work to existing HRBs. The 2026 Regulations were announced in the government’s Future Homes and Buildings Standards: Building Circular 01/2026 which includes a summary of the main changes being introduced and of the revised Approved Documents and transitional arrangements. This new legislation brings into play key obligations to support the construction

Provable debts The general rule as to what constitutes a provable debt in administration, winding-up and bankruptcy is set out in Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024, r 14.2(1): ‘All claims by creditors except as provided in this rule, are provable as debts against the company or bankrupt, whether they are present or future, certain or contingent, ascertained or sounding only in damages.’ This rule is complemented by section 322 of the Insolvency Act 1986 (IA 1986), which provides for proof of debts in bankruptcy, and IA 1986, s 382, which defines bankruptcy debts. It also needs to be read in light of IR 2016, SI 2016/1024, r 14.1, which makes provision for the definition of 'debt,' ‘small debt’ and 'liability'. These sections and rules together form the legislative basis for the definition of what constitutes a debt and what debts are provable in different forms of insolvency procedure. Note that an office-holder may treat small debts, currently those of £1,000 or less, as proved by a creditor without

Pensions analysis: This was an appeal by the sponsoring employer of the BBC Pension Scheme as to the proper interpretation of the fetter to the operative power of amendment which referred to the ‘interests’ of active members and specified that there will be no alteration or modification unless it is certified that such interests are not substantially prejudiced. The Court of Appeal dismissed the BBC’s appeal against the decision of Mr Justice Adam Johnson and confirmed that the ‘interests’ of Active Members extended to future service benefits. This was contrary to the BBC’s argument that the ‘interests’ protected are the legal entitlements and claims to benefits under the Scheme that have been earned by pensionable service already performed by an Active Member at the date of the amendment. Accordingly, the power of amendment is far less wide than the BBC contended for and potentially (although this is not a point which appears from the judgments) than those who drafted the rules anticipated. Written by David E Grant KC, barrister, Outer Temple Chambers.

NOTE: the current positive 0.5% discount rate has been effective from 11 January 2025. Schedule A1 to the Damages Act 1996, inserted pursuant to section 10 of the Civil Liability Act 2018, provides that subsequent reviews are to take place within five years of the conclusion of the previous review which means that the next review must commence on or before 2 December 2029. Claims for future loss of earnings have a number of aspects that make them more complicated than other areas of future loss. See also Practice Note: Past loss of earnings. First, even in a simple loss of earnings claim, additional factors are applied to the multiplier to increase its accuracy. Second, there may be specific complications, eg where: • there is a residual earning capacity • the claimant stood a chance of promotion • the claimant was injured before they established a career The impact of Ogden 8 The publication of Ogden 8 has not brought about fundamental change to the way in which future loss

Heads of loss which are calculated from the date of settlement or trial onwards and commonly include earnings, pension, accommodation, the cost of care and services and other future medical and transport aids.

NOTE: On 2 December 2024, the Lord Chancellor announced that the discount rate would change to positive 0.5%. The positive 0.5% discount rate is effective from 11 January 2025. Schedule A1 to the Damages Act 1996 (DA 1996) provides that each subsequent review must be started within the five-year period following the last review. For these purposes, a review is concluded when the Lord Chancellor makes the determination as to the rate. Objective in assessment of future losses The objective of the court when assessing claims in respect of future losses and expenses will be the same as with past losses: in so far as possible, to put the claimant in the financial position they would have been in had the accident not occurred. Accordingly, practitioners will tend to find that many heads of damage are common to both past and future losses, there being a continuation typically of loss of earnings or of a care regime into the future. In the more serious cases,

TMT analysis: The pace of change in Artificial intelligence technology is ever increasing. Multiple new laws and regulations have been adopted or are in progress to address the risks and issues arising from the development and use of the technology. This changing environment creates a challenge for contract lawyers to ensure that AI systems used in the delivery of services are maintained and further developed in order to stay safe, secure and technically up to date, as well as remaining compliant with the law. Customers’ requirements may also change rapidly and flexibility to change contracts or suppliers is therefore crucial. Multiple protections and processes can be deployed to ‘futureproof’ contracts to protect the interests of both suppliers and customers. Written by Peter Mason, legal director, and Marcus Bagnall, partner at Wiggin LLP.

An arrangement to buy or sell a commodity or financial instrument at an agreed price at a future date on pre-agreed terms.

An agreement, traded on a financial exchange, to sell or buy a specific amount of a commodity or security at a specific price and time.

When a future is purchased, a deposit ('the initial margin') is paid to the future exchange. This normally represents a few percent of the value of the contract and helps in protecting the exchange against defaults. As the value of the contract changes additional payments may be requested ('the variation margin').

The International Federation of Consulting Engineers. FIDIC publishes a range of standard form contracts for use on international construction projects. Use of the term 'FIDIC' often is a reference to this suite of contracts rather than the organisation itself.

The UK government cloud procurement frameworks and digital marketplace for public sector bodies to procure cloud services and other resources.