Construction and Planning Update – August 2026 – Top Five 

Here are our top five for August: 1. Director’s duties considered by the Supreme Court Saxon Woods v Costa concerned a director’s decision to delay the sale of a company in breach of a Shareholder’s Agreement (SHA). Had the director breached a duty under s172 Companies Act 2006, by pursuing a different sale strategy from […]

Construction and Planning Update – June 2026 – Top Five

Here are our top five for June: 1. Scorchio! From a TV show in the 1990s, this word is making a comeback in our office. On a serious note, for construction workers the heat can be very dangerous. For our construction company and site manager readers, please have a look at the HSE link below. […]

Construction and Planning Update – May 2026 – Top Five

Here are our top five for May 2026: 1. Leases and building defects This case concerned commercial premises in Brighton, a purpose-built education facility (the Premises). The Premises comprised two separate buildings linked together, one used for teaching and the other as accommodation and welfare facilities for the students. The Claimants were the freehold owners […]

Construction and Planning Update – April 2026 – Top Five

Here are our top five for April 2026: 1. For which relief, much thanks from litigators! Litigators will welcome the relief from Mr. Justice Picken confirming that: “legal advice privilege applies to any intra-client document which is sent between or created by members of the “client group” for the dominant purpose of seeking legal advice.” […]

Construction and Planning Update – March 2026 – top five

Here are our top five for March: 1. Payer saved by a pay less notice The Technology and Construction Court heard an application for enforcement of an adjudication decision for payment to a contractor of its payment application of £5,627,575.11, plus interest. One of the issues was whether the payment notice and pay less notice […]

Construction and Planning Update – February 2026 – top five

Here are our top five for February: 1. Bucking the trend: adjudicator’s decision not enforced In the Technology and Construction Court Mr Justice Constable refused to enforce an adjudicator’s decision to award £23.9 million, because the referring party was not a party to the construction contract. A sub-contract was entered into between two unincorporated joint […]

Construction and Planning Update – January 2026 – top five

Here are our top five for January: 1. About turn – termination for default under JCT D&B 2016 The Supreme Court has unanimously reversed a Court of Appeal decision concerning termination provision in the JCT Design and Build Contract 2016. The contract provided that, if the Employer, Hexagon, did not make the payment by the […]

Construction and Planning Update – Christmas Edition

1. Sleeping safely – protecting rough sleepers Do you have bins or bin stores in areas where rough sleepers or party goers who can’t make it home may seek refuge? HSE has issued guidelines to prevent injuries and fatalities to those who seek refuge from the cold in commercial waste bins and communal bins. Prevention: […]

Construction and Planning Update – October 2025 – top five

Here are our top five for October 1. Awaab’s Law came into force on 27 October 2025 Awaab’s Law came into force on 27 October 2025. It requires that if a social landlord becomes aware of a potential damp and mould hazard in a social home, they must investigate it within 10 working days. The […]

Construction and Planning Update – September 2025 top five

Here are our top five for September: 1. It’s a nuisance, but not an actionable one A marathon judgment from HHJ Stephen Davies, running to 1121 paragraphs, addressing the group litigation of 16 residents of Chirk, a small town south of Wexham, against a Kronospan factory that makes MDF and laminates. The claimants alleged nuisance, […]