Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 9.16–9.17 make provision for financial dispute resolution (FDR) appointments, supported by FPR 2010, PD 9A, paras 6.1–6.5A. See Practice Notes: Preparation for the financial dispute resolution appointment and Conduct of the financial dispute resolution appointment. FPR 2010, SI 2010/2955, 9.15(4)–(5) provides that: ‘[(4) The court must direct that the case be referred to a FDR appointment unless— (a) the first appointment or part of it has been treated as a FDR appointment and the FDR appointment has been

The critical path is an important feature of the programme prepared in respect of a construction project. Whether or not an activity is on the critical path can affect the impact that a delay might have on the project overall. Therefore, identifying whether an activity was on the critical path, can be significant in relation to claims by the contractor for time/money. The programme is the document, usually prepared by the contractor at the start of the works, which records the contractor’s sequencing and timing for carrying out the works. It presents the timeline that the contractor proposes to build to, showing activities occurring between particular dates. It also helps the employer and contract administrator

The Building Act 1984 (BA 1984) grants various enforcement powers which can be used against a contravention of the Building Regulations 2010, SI 2010/2214. BA 1984, s 35(1) makes in an offence for a person to contravene a provision of the Building Regulations, which can lead to prosecution proceedings. Before 1 October 2023, such a prosecution had to be brought within two years of the day the offence was committed, and within six months

We refer you to the following which may assist: • Q&A: What is the statutory

Scotland Scotch Whisky Association (Appellants) v The Lord Advocate (Respondents) (Scotland) appeals the First Division, Inner House, Court of Session decision of The Scotch Whisky Association v Lord advocate. The Scotch Whisky Association was granted leave to appeal to the UK Supreme Court over the Scottish government's plan to set a minimum unit price (MUP) for alcohol. The Alcohol (Minimum Pricing) (Scotland) Act 2012 (A(MP)(S)A 2012) would amend the Licensing (Scotland) Act 2005 by introducing a new paragraph 6A(1) to Schedule 3 (A(MP)(S)A 2012, s 1). This states: ‘6A Alcohol must not be sold on the premises at a price below its minimum

Application of Part 36 to non-monetary claims As indicated in Q&A: Can a Part 36 offer include a non-monetary term?, Part 36 offers are typically made in monetary claims, but they are not limited to money claims. The application of Part 36 to non-monetary claims (or non-money elements of a claim) is evident from the wording of CPR 36.17(2), which provides: ‘For the purposes of [CPR 36.17(1)], in relation to any money claim or money element of a claim, “more advantageous” means better in money terms by any amount, however small, and “at least as advantageous” shall be construed accordingly.’ Likewise, reference is additionally made to cases ‘where there is no monetary award’ in CPR 36.17(4)(d)(ii). Costs consequences for non-acceptance of non-monetary Part 36 offers CPR 36.17 sets out the cost consequences of an offeree

Conditional fee agreements (CFAs) that incorporate success fees are a familiar funding mechanism. In a typical scenario, a claimant’s lawyer will agree to forego its fees if the claim in question fails, and will charge its base costs plus an uplift or success fee if the claim is successful. In arbitration proceedings, the recoverability of a success fee is a costs issue, which will generally be decided in accordance with the applicable arbitral rules, if any, and the law of the arbitral seat. Of course, the parties may have entered into an express agreement on the recoverability of costs (including success fees) and in that situation the agreement would be taken into account first, but in practice such agreements are rare. Under English and Welsh law, the position before the introduction of the Jackson reforms was that a successful party could recover the uplift or success fee on a CFA as part of its costs from the losing party. However, since the introduction of the Jackson reforms

Under current legislation, an Energy Performance Certificate (EPC) is generally not required for the renewal of a commercial lease where no EPC is already in place. The Energy Performance of Buildings (England and Wales) Regulations 2012 (EPC Regulations 2012), SI 2012/3118, do not explicitly require an EPC for lease renewals, and guidance from the Ministry of Housing, Communities and Local Government (EPC guidance for Non-Dwellings) confirms that lease renewals are not considered a 'sale or let' for the purposes of triggering the obligation to provide an EPC. See Practice Notes: Energy performance certificates (EPCs)—what are they and when are they required? and LTA 1954—terms of the renewal lease. However, the position is less clear under the Minimum Energy Efficiency Standards (MEES) Regulations 2015 (MEES Regulations

For more information about the Court of Appeal’s judgment in Interflora Inc and another v Marks and Spencer plc, see News Analysis: Adwords are ok says Court of Appeal in Interflora v M&S ruling. The trade mark infringement

As is set out in Practice Note: Fire safety developments following the Grenfell Tower fire, on 16 December 2019, RICS, the Building Societies Association and UK Finance published Form EWS1. This form is intended for recording in a consistent manner across the industry what assessment has been carried out for the external wall construction of a residential apartment building where the highest floor is 18 m or more above ground level or where specific concerns exist. The

It was recently announced by the Government that measures previously dropped from the Finance Act 2017 (including IHT on overseas property representing UK residential property) as a result of the calling of the general election will be re-introduced in a second 2017 Finance Bill after Parliament’s summer recess and the measures will retain their

Under section 307(1) of the Insolvency Act 1986 (IA 1986), the trustee in bankruptcy (trustee) may give notice in writing to claim for the bankrupt’s estate ‘any property which has been acquired by, or has devolved upon, the bankrupt since the commencement of the bankruptcy’. For further reading, see Practice Note: After-acquired property under section 307 of the Insolvency Act 1986. Under IA 1986, s 309, the trustee has a limited period of time in which to make a claim, namely 42 days beginning with the day on which it first came to the knowledge of the trustee that the property in question