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The Building Safety Bill – a welcome change?

Published on 16 Aug 2021. By Alexandra Anderson, Partner and Katharine Cusack, Partner

Following the Grenfell tragedy on 14 June 2017, the Government appointed Dame Judith Hackitt, former Chair of the HSE, to undertake an independent review of building safety in high-rise buildings. Dame Judith commented that the current system is "far too complex" and "lacks clarity as to who is responsible for what" with "inadequate oversight and enforcement". She wanted her recommendations to form the foundation of a clearer, simpler and more robust approach to the building and management of high-rise residential buildings. Her report was published in May 2018.

The Week That Was – 13 August 2021

Published on 13 Aug 2021. By Ben Goodier, Partner and Sarah O'Callaghan, Senior Associate

Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

Case comment: striking out of privacy and confidence actions in the Dixons data breach case

Published on 10 Aug 2021.

The number of claims issued in the High Court (Media and Communications List) with a data protection element continues to increase. The rise in claim numbers can be attributed to a number of factors including: (i) individuals becoming more aware of their rights under data protection legislation, (ii) uncertainty as to whether individuals may recover damages for a loss of control of their personal data without proving material damage or distress; (iii) the abundance of specialist law firms who are prepared to act for individuals on a "no-win-no-fee" basis and (iv) the availability of After the Event ("ATE") insurance to protect a would-be claimant against adverse costs orders.

Fire Safety Act 2021: Clarification for the Responsible Person

Published on 09 Aug 2021. By Alexandra Anderson, Partner and Katharine Cusack, Partner

The Fire Safety Bill (the "Bill") received Royal Assent on 29 April 2021 and is now known as the Fire Safety Act 2021 (the "Act"). Although the date has not yet been confirmed for when the Act comes into force, this is another significant development on the issue of fire safety.

The Week That Was – 6 August 2021

Published on 06 Aug 2021. By Ben Goodier, Partner and Sarah O'Callaghan, Senior Associate

Pursuant to a building contract novated to Toppan, Simply was engaged to construct a care home and subsequently provided a collateral warranty in favour or the operator, Abbey. Defects were found at the care home and Abbey obtained an adjudicator's decision against Simply for damages for loss of trading profit.

Architect receives 12 month suspension over "ugly duckling" home cinema design

Published on 06 Aug 2021. By Emma Wherry, Of Counsel and Sarah O'Callaghan, Senior Associate and Emrys Moore, Associate

Daniel Marcal, an internationally renowned and award winning architect, was retained by Phillip Freeborn, former head of operations at Barclays Capital and his wife Christina Goldie to design an "architectural jewel" of a home cinema, in their £7 million London home. However, as Mr Freeborn told the High Court in his claim against Mr Marcal, he ended up with a "wonky" "expensive white elephant", rather than the sleek modernist cube floating over his pool that he had wanted.

The Week That Was - 30 July 2021

Published on 30 Jul 2021. By Ben Goodier, Partner and Helen Thomas, Senior Associate

Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

The Week That Was - 23 July 2021

Published on 23 Jul 2021. By Ben Goodier, Partner and Helen Thomas, Senior Associate

Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

Knot so Weedy Afterall? RICS issues new draft guidance on Japanese Knotweed

Published on 19 Jul 2021. By Alexandra Anderson, Partner and Katharine Cusack, Partner

The RICS is seeking consultation on its Japanese Knotweed draft guidance note. The consultation, which you can access here, opened on 22 June 2021 and closes on 3 August 2021.

Disciplinary investigations against architects #6 - Professional Conduct Committee Hearing: What to expect

Published on 18 Jun 2021. By Emma Wherry, Of Counsel and Sarah O'Callaghan, Senior Associate

Further to our previous five articles detailing the stages of the Architect Registration Board's (ARB) disciplinary process up to the Referral to Professional Conduct Committee stage, this article considers the Professional Conduct Committee Hearing, and what Architects should expect if their case reaches this stage.

Cyber_Bytes - Issue 33

Published on 16 Jun 2021. By Richard Breavington, Partner and Daniel Guilfoyle, Partner and Ian Dinning, Senior Associate and Rachel Ford, Partner and Christopher Ashton, Senior Associate

Welcome to Cyber_Bytes, our bi-weekly round up of key developments in cyber, tech and evolving risks.

New RICS Guidance for Risks, Liability and Insurance April 2021

Published on 18 May 2021. By Alexandra Anderson, Partner and Katharine Cusack, Partner

The RICS have produced a new Guidance Note entitled "Risks, Liability and Insurance", which came into effect on 1 April 2021. This note is a must read for surveyors and provides practical advice for risk management and the points to consider when seeking professional indemnity cover.

Cyber_Bytes - Issue 32

Published on 10 May 2021. By Richard Breavington, Partner and Daniel Guilfoyle, Partner and Ian Dinning, Senior Associate and Rachel Ford, Partner and Christopher Ashton, Senior Associate

Welcome to Cyber_Bytes, our bi-weekly round up of key developments in cyber, tech and evolving risks.

Fire safety – at last, some welcome news for surveyors

Published on 15 Apr 2021. By Alexandra Anderson, Partner and Katharine Cusack, Partner

We set out below news of a welcome change to the professional indemnity insurance available to surveyors relating to their fire safety work.

Cyber_Bytes - Issue 31

Published on 08 Apr 2021. By Richard Breavington, Partner and Daniel Guilfoyle, Partner and Ian Dinning, Senior Associate and Rachel Ford, Partner and Christopher Ashton, Senior Associate

Welcome to Cyber_Bytes, our bi-weekly round up of key developments in cyber, tech and evolving risks.

Cyber_Bytes - Issue 30

Published on 16 Mar 2021. By Richard Breavington, Partner and Daniel Guilfoyle, Partner and Ian Dinning, Senior Associate and Rachel Ford, Partner and Christopher Ashton, Senior Associate

Welcome to Cyber_Bytes, our bi-weekly round up of key developments in cyber, tech and evolving risks.

The RICS key to unlock the market?

Published on 09 Mar 2021. By Alexandra Anderson, Partner

In December 2019, the RICS launched a new form, the EWS1, to assist with the process of valuing properties within all residential buildings over six storeys (18 metres). In the wake of the Grenfell Tower tragedy, lenders were needing to understand whether materials used for cladding/insulation were safe and would require remediation at a cost that would have impact on the value of the property. The EWS1 form was intended to provide a quick route to ascertain whether works were required that might have an impact on value.

Cyber_Bytes - Issue 29

Published on 22 Feb 2021. By Richard Breavington, Partner and Daniel Guilfoyle, Partner and Ian Dinning, Senior Associate and Rachel Ford, Partner and Christopher Ashton, Senior Associate

Welcome to Cyber_Bytes, our bi-weekly round up of key developments in cyber, tech and evolving risks.

Disciplinary investigations against architects #5 - Referral to Professional Conduct Committee

Published on 16 Feb 2021. By Emma Wherry, Of Counsel and Sarah O'Callaghan, Senior Associate

Further to our previous four articles detailing the stages of the Architect Registration Board's disciplinary process up to the Investigations Panel Stage, this article considers the steps that are taken by the ARB in order to refer the matter to the Professional Conduct Committee and the steps that an Architect may wish to take to prepare for that hearing.

Cyber_Bytes - Issue 28

Published on 29 Jan 2021.

Welcome to latest edition of Cyber_Bytes, our bi-weekly roundup of key developments in cyber, tech and evolving risks.

Upcoming changes to data protection legislation in Asia

Published on 22 Dec 2020. By Jonathan Crompton, Partner

The data privacy landscape in Asia is varied, complex and evolving. We are already seeing the wheels of change in motion as the data privacy laws of several Asian jurisdictions are being updated to reflect more closely the European data protection regime. This article summarises some of those changes.

Cyber_Bytes - Issue 27

Published on 14 Dec 2020. By Richard Breavington, Partner and Rachel Ford, Partner

Welcome to Cyber_Bytes, our bi-weekly round up of key developments in cyber, tech and evolving risks.

Cyber_Bytes - Issue 26

Published on 01 Dec 2020. By Richard Breavington, Partner and Rachel Ford, Partner

Welcome to Cyber_Bytes, our bi-weekly round up of key developments in cyber, tech and evolving risks.

The Week That Was - 27th November 2020

Published on 27 Nov 2020. By Ben Goodier, Partner and Helen Thomas, Senior Associate

Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

The Week That Was - 13 November 2020

Published on 13 Nov 2020. By Ben Goodier, Partner and Helen Thomas, Senior Associate

Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

The Week That Was - 6th November 2020

Published on 06 Nov 2020. By Ben Goodier, Partner and Helen Thomas, Senior Associate

Cyber_Bytes - Issue 25

Published on 05 Nov 2020. By Richard Breavington, Partner and Rachel Ford, Partner

Welcome to Cyber_Bytes, our bi-weekly round up of key developments in cyber, tech and evolving risks.

The week that was - 30th October 2020

Published on 30 Oct 2020. By Ben Goodier, Partner and Helen Thomas, Senior Associate

Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

The Week That Was - 23rd October 2020

Published on 23 Oct 2020. By Ben Goodier, Partner and Helen Thomas, Senior Associate

Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

Cyber_Bytes - Issue 24

Published on 21 Oct 2020. By Richard Breavington, Partner and Rachel Ford, Partner

Welcome to Cyber_Bytes, our bi-weekly round up of key developments in cyber, tech and evolving risks.

Cyber_Bytes - Issue 23

Published on 02 Oct 2020. By Richard Breavington, Partner and Daniel Guilfoyle, Partner and Rachel Ford, Partner

Welcome to Cyber_Bytes, a round up of key developments in cyber, tech and evolving risks over the last two weeks.

Building on renewable energy #3 – Anaerobic Digestion

Published on 24 Sep 2020.

Anaerobic digestion is the process by which biodegradable materials are broken down in a controlled environment. Whilst being broken down, the materials emit gas (which can be used as a source of renewable energy), and produce heat (which can also be harnessed on or near-to site). The process also leaves a waste material (digestate), which can be used as fertiliser, contributing to the circular economy.

Cyber_Bytes - Issue 22

Published on 15 Sep 2020. By Richard Breavington, Partner and Rachel Ford, Partner

Welcome to the latest edition of Cyber_Bytes, our bi-weekly roundup of key developments in cyber, tech and evolving risks.

Cyber_Bytes - Issue 21

Published on 03 Sep 2020. By Richard Breavington, Partner and Rachel Ford, Partner

Welcome to the latest edition of Cyber_Bytes, our bi-weekly roundup of key developments in cyber, tech and evolving risks.

CLC issue new Guidance on dispute resolution in the construction industry

Published on 07 Aug 2020. By Andrew Roper, Partner

COVID-19 continues to cause significant disruption and delay to the construction industry. Whilst things are slowly returning to normal and construction sites are resuming work, there are concerns that the effect of the pandemic on projects may result in long-running and costly disputes arising. Accordingly, the Construction Leadership Council (CLC) have issued guidance in an effort to promote a more pragmatic approach to dispute resolution.

Cyber_Bytes - Issue 19

Published on 31 Jul 2020. By Richard Breavington, Partner and Christopher Ashton, Senior Associate and Rachel Ford, Partner

Welcome to Cyber_Bytes, a round up of key developments in cyber, tech and evolving risks over the last two weeks.

Schrems II – Groundhog Day for Data Transfers

Published on 17 Jul 2020.

On Thursday 16 July, the Court of Justice of the European Union (“CJEU”) delivered its judgment in one of the most highly anticipated court cases in data protection, Case C-311/18 Data Protection Commissioner v Facebook Ireland Limited, Maximillian Schrems (widely referred to as “Schrems II”). This decision came almost 8 months after Advocate General Saugmandsgaard Øe published his Opinion, which albeit not binding, provided a strong indication for the CJEU's judgment.

Restarting your business and implementing Government guidance to support NHS Test and Trace

Published on 02 Jul 2020. By Jon Bartley, Partner

In its latest guidance on keeping workers and customers safe during COVID-19 in restaurants, pubs, bars and takeaway services (23 June 2020), the Government has recommended that businesses operating in these sectors keep a temporary record of customers and visitors for 21 days. This will assist NHS Test and Trace with requests for that data if needed.

Hart v Large: Important guidance for surveyors when advising prospective purchasers

Published on 02 Jul 2020. By Alexandra Anderson, Partner and Lucy Cadwallader, Senior Associate

The judgment in Hart v Large provides important guidance on the scope of a surveyor's duty when advising prospective purchasers. It also highlights that the courts may be willing to depart from the usual measures of loss, in order to achieve what they consider to be a fair outcome.

Health and Safety Bulletin – June 2020

Published on 01 Jul 2020.

Welcome to the latest edition of our Health and Safety update.

Cyber bytes - Issue 17

Published on 01 Jul 2020. By Richard Breavington, Partner and Christopher Ashton, Senior Associate and Rachel Ford, Partner

Welcome to Cyber_Bytes, our bi-weekly roundup of key developments in cyber, tech and evolving risks.

Cyber bytes - Issue 16

Published on 16 Jun 2020. By Richard Breavington, Partner and Christopher Ashton, Senior Associate and Rachel Ford, Partner

Welcome to Cyber_Bytes, our bi-weekly roundup of key developments in cyber, tech and evolving risks.

Cyber bytes - Issue 15

Published on 01 Jun 2020. By Richard Breavington, Partner and Christopher Ashton, Senior Associate and Rachel Ford, Partner

Welcome to Cyber_Bytes, our bi-weekly roundup of key developments in cyber, tech and evolving risks.

Lockdown inspections: Guidance from the RICS

Published on 28 May 2020. By Katharine Cusack, Partner and Kiran Dhoot, Associate

The RICS has issued two sets of guidance to its members focusing on physical inspections. The guidance builds on the most recent government advice regarding appropriate conduct and the timetable for lifting restrictions.

Cyber bytes - Issue 14

Published on 22 May 2020. By Richard Breavington, Partner and Christopher Ashton, Senior Associate and Rachel Ford, Partner

Welcome to Cyber_Bytes, our bi-weekly roundup of key developments in cyber, tech and evolving risks.

Cyber Bytes - Issue 13

Published on 20 May 2020. By Richard Breavington, Partner and Christopher Ashton, Senior Associate and Rachel Ford, Partner

Welcome to Cyber_Bytes, our bi-weekly roundup of key developments in cyber, tech and evolving risks.

Impact of COVID-19 on telecommunications apparatus

Published on 29 Apr 2020.

With COVID 19 keeping individuals and businesses in various states of lockdown around the world, the importance of telecommunications in keeping the country connected, both professionally and socially, has been thrown into sharp relief.

Lease frustration and COVID-19

Published on 28 Apr 2020.

Frustration of a contract occurs due to a supervening event meaning the contract is no longer capable of performance. If frustration is found to have occurred, the contract is automatically terminated.

Cyber Bytes - Issue 12

Published on 21 Apr 2020. By Richard Breavington, Partner and Christopher Ashton, Senior Associate and Rachel Ford, Partner

Welcome to Cyber_Bytes, our bi-weekly roundup of key developments in cyber, tech and evolving risks.

Disciplinary investigations against architects #4 - investigations panel stage

Published on 14 Apr 2020. By Sarah O'Callaghan, Senior Associate

Further to our previous three articles which provided (1) an overview of the Architect Registration Board's disciplinary process and (2) a review of the complaints stage (3) the review stage, this article explains the next stage of a disciplinary investigation against an Architect: the investigations panel stage.