6/30/2025 8:00:44 AM New Resolution Process for Building Safety Claims in the TCC and FTT By Alicia Ogborn Will O'Brien The Building Safety Act Working Group announced on Friday 20 June 2025 that it intends to introduce a new streamlined resolution process...
6/27/2025 1:24:45 PM Beyond the Fine Print: Are Penalty Clauses Enforceable? By Prateek Sharma Michael Lewis Will O'Brien English law recognises the autonomy of contracting parties, subject to some exceptions in terms of consumer contracts and tenancy...
6/23/2025 2:59:53 PM The FTT finds that legal costs of Remediation Order and Remediation Contribution Order applications can be recovered via a RCO By Zoe McLean-Wells Will O'Brien The First-tier Tribunal (“FTT”) recently arrived at its decision in respect of a Remediation Order (RO) pursuant to section 123 of the...
6/18/2025 1:09:24 PM Midas v Harmsworth: Security for costs in adjudication enforcement By Will O'Brien John O'Mahony Where an insolvent party has the benefit of an adjudication decision, it must provide sufficient security for the Defendant’s legal costs...
5/30/2025 11:03:49 AM Roof garden storeys: new MHCLG guidance reiterates that FTT is wrong By Will O'Brien Back in October 2024, a ruling of the First-Tier Tribunal cast doubt over the accuracy and legality of Government guidance as to...
5/21/2025 2:38:41 PM Supreme Court publishes decision on URS Corporation Ltd v BDW Trading Ltd By James King Will O'Brien Story so far… URS was the structural engineer for BDW in relation to residential tower blocks that were developed between 2005 and 2012. ...
1/29/2025 4:37:22 PM Remediation Contribution Order for over £13 million granted against 76 companies in new Vista Tower decision By Zoe McLean-Wells Will O'Brien On 24 January 2025, the First Tier Tribunal (FTT) published their decision making a Remediation Contribution Order (RCO) in the sum of...
11/20/2024 12:05:06 PM Adjudication set-offs of the third kind: CNO Plant Hire v Caldwell Construction By Will O'Brien Alicia Ogborn Prateek Sharma On 21 August 2024, HH Judge Kelly, sitting as a High Court Judge in the TCC at Leeds, gave judgment in C.N.O Plant Hire Ltd v Caldwell...
10/22/2024 3:59:06 PM Roof garden storeys: MHCLG asks sector and regulators to disregard FTT ruling By Will O'Brien On 18 October 2024, the Government published a joint statement on the issue of whether a roof garden is classified as a storey when...
9/5/2024 4:07:57 PM Grenfell review By Mark London James Mapley Will O'Brien The Phase 2 Grenfell Tower Inquiry Report (the “Inquiry”) was released on 4 September 2024 principally setting out recommendations on how...
7/8/2024 1:49:00 PM All Change? Best laid plans – Labour’s planning reforms By Hannah Langford Will O'Brien An analysis of the ‘why’, the ‘what’ and some of the ‘how’ of Labour’s central offer to deliver 1.5m new homes through planning reform....
4/2/2024 1:01:54 PM New Guidance on Building Liability Orders By Mark London Will O'Brien This new ruling provides clarity on how the Courts may treat Building Liability Orders in the future. What is a Building Liability Order...