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NEWS
Construction analysis: This claimants, referred to collectively as Woodland, applied to adjourn the trial of this matter from June 2026 to June 2027 due to the Building Safety Regulator (BSR) rejecting the claimants’ proposed remedial scheme. The application was opposed by the first, fourth and fifth Defendants, with the other defendants remaining neutral. The property at the centre of this case is a ‘Higher-Risk Building’ (HRB) within the meaning of section 120D of the Building Act 1984. The BSR’s rejection of the proposed remedial scheme meant the claimants’ case on quantum was uncertain, hence the request for adjournment. After consideration, the court refused Woodland’s application to adjourn the entirety of the proceedings. Instead the trial will be split, with issues relating to liability to be heard at the original hearing in June 2026, with issues relating to quantum to be dealt with later. Written by Oli Worth, partner and Lucy Day, associate at Archor LLP.
GLOSSARY
The programme for the delivery of schools using a PFI and non-PFI model. The Department for Children Schools and Family (DCSF) and Partnerships UK (PUK) set up Partnerships for Schools (PfS) (which no longer exists) to deliver the BSF programme. This has now been replaced by the Priority School Building Programme.
GLOSSARY
Government programme launched in 2004, for the rebuilding or refurbishment of every secondary school in England. The government announced the end of the BSF programme in 2010.
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note considers the Building Schools for the Future government scheme and the current Priority School Building Programme. It also looks at the construction contracts used and common negotiation points. Building Schools for the Future Building Schools for the Future (BSF) was a labour government run scheme announced in 2003 by the Department for Education and Skills (which later became the Department for Education or DFE). It was launched in 2004. The aim of the scheme was, among other things, to initiate a step change in children’s education by improving facilities, property and learning environments within local secondary schools. BSF was to be funded by a £55bn fund to improve schools over a 15–20-year period. The scheme was administered nationally by Partnerships for Schools, which was established by the DFE as both a company and a non-departmental public body (ie a government sponsored body operating at arm’s length). It was funded jointly by DFE and Partnerships
PRECEDENTS
1 Background information Project name [Insert project name] Author [Insert author name ] Sponsor [Insert project sponsor name(s)] Date [Insert date business case was prepared] 2 Distribution list Name Department or organisation [Insert the name of any stakeholders who needs to be sent a copy of this business case] [Insert the department or organisation this person works in] [Insert name] [Insert the department or organisation this person works in] [Insert name] [Insert the department or organisation this person works in] [Insert name] [Insert the department or organisation this person works in] 3 Project team Project role Name Location Contact details [Insert role, eg Project lead] [Insert project lead’s name] [Insert details of where this person is located, eg in which office] [Insert details of how this person can be contacted, eg email address and/or telephone number] [Insert role] [Insert name] [Insert location] [Insert details] [Insert role] [Insert name] [Insert location] [Insert details] [Insert role] [Insert name] [Insert location] [Insert details] [Insert role] [Insert name] [Insert location] [Insert details] 4 Executive summary 4.1 Business case summary This business case outlines [state how the project you are proposing will address a business need, eg this business case outlines how investing in and implementing new compliance training software supported by a learning management system will help this organisation to achieve its business objective of building a culture of compliance]. This business case also discusses potential
PRACTICE NOTES
Love it or loathe it, social media is here to stay. Used appropriately, it can help you to build a strong personal online brand. However, as we have all seen in the press, if we fail to think things through before using social media, it can all go wrong very quickly. This Practice Note will help you to create a social media presence which works for you and your organisation and provides guidance on: • what everyone else can see • setting social media goals • your tone of voice • ideas for generating original content • building strong virtual networks • lessons from Chris Hadfield—‘How to be a zero’ • getting to grips with hashtags • when to avoid posting What can everyone else see you doing? ‘If you wouldn’t say it out loud to a room full of your peers, and your mum, then don’t say it on social media’—is a rough and ready guide but in the rapidly evolving world of social media, it’s still a great
PRACTICE NOTES
This Practice Note sets out the differing positions on building and fire safety in England, Scotland and Wales for those practitioners engaged in projects and/or disputes in these separate jurisdictions. Each of the Westminster Parliament, the Scottish Parliament and the Welsh Senedd have sought to review their regulatory frameworks on building and fire safety in response to the tragic Grenfell Tower fire, and have chosen to take slightly different approaches on certain matters of detail. Background—the Hackitt report The Independent Review of Building Regulations and Fire Safety was an independent review commissioned by the UK government. Its aim was to assess the effectiveness of building and fire safety regulations in England, and related compliance and enforcement issues, with a focus on multi-occupancy high-rise residential buildings. It was led by Dame Judith Hackitt (the former chair of the Health and Safety Executive), and is often referred to as the Hackitt review or Hackitt report. The final report was published on 17 May 2018, and identified (among other things) the following issues:
PRACTICE NOTES
This Practice Note summarises decisions of the courts in building and fire safety that have arisen following the Grenfell Tower fire, considered relevant to construction lawyers. Details of key landlord and tenant-related judgments concerning the Building Safety Act 2022, made by or arising from the First-tier Tribunal (Property Chamber) (FTT) and Upper Tribunal (Lands Chamber) (UT) (including cases concerning remediation orders and remediation contribution orders), are considered in Practice Note: Building Safety Act 2022—landlord and tenant cases tracker. For more information on fire and building safety defect claims, see Practice Notes: • Fire safety defect claims for construction lawyers • Defective Premises Act—work in relation to dwellings • Building Safety Act 2022—liability for cladding and construction products • Building Act 1984—claims for breach of building regulations • Building liability orders 2026 HB (WM) and others v Sto Topics: Construction products; contribution; building liability orders; service-out The TCC dismissed applications by the German defendants to set aside service out in three cladding remediation claims. The court held that the claimants had a real prospect of success
GLOSSARY
The outer shell of a building, which separates the building’s interior from the outside elements. This will therefore usually comprise the roof, outer walls and floor of the building.
NEWS
Family analysis: Professor Gillian Black, Commissioner at the Scottish Law Commission, Professor Nick Hopkins, Commissioner at the Law Commission of England and Wales and Christine Gentry, Research Assistant at the Law Commission of England and Wales, set out the key details of the Law Commissions’ report ‘Building families through surrogacy: a new law’, published on 29 March 2023, the background to the report and the Law Commissions’ recommendations.
GLOSSARY
Design software that builds an electronic model of the building that contains digital information about construction details, materials, and schedules. The software can provide full architectural, mechanical, electrical, plumbing and structural drawings.
NEWS
Law360, London: The UK government has amended the Building (Approved Inspectors etc.) Regulations 2010 so that since 28 July 2022, private building control inspectors, previously called approved inspectors—in England and Wales are no longer required to hold public and professional indemnity insurance under a government-approved scheme.