Respect is due! Upper Tribunal considers the weight to be given to local authority financial penalty decisions

This week, a significant Upper Tribunal decision was handed down by Judge Elizabeth Cooke in Waltham Forest LBC v (1) Marshall (2) Ustek [2020] UKUT 0035 (LC). The cases of Marshall and Ustek began as separate appeals in the First-tier Tribunal (FTT) against financial penalties imposed by the London Borough of Waltham Forest (the Council) under Section 249A of the…

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Brexit, memes and the future of UK copyright law

After years of political wrangling, last week the UK officially left the European Union. Although headlines were naturally engulfed with Brexit news of woe or celebration, an interesting development regarding the EU’s new directive on copyright also made the headlines.  The European Union Directive on Copyright in the Digital Single Market (or “Copyright Directive” for…

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Money, money, money: a look at payment issues in construction contracts

The final in our series of January refreshers looks at payment, specifically at the terms of the Construction Act, payment disputes, and what happens in the event of insolvency. The Construction Act The Housing Grants, Construction and Regeneration Act 1996 as amended by the Local Democracy, Economic Development and Construction Act 2009 – better known…

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Public Procurement after Brexit – January 2020 update

Introduction The European Union (Withdrawal Agreement) Act 2020 (the ‘Act’) received royal assent on 23rd January 2020, and the EU-UK withdrawal agreement was swiftly signed by the leaders of the European Commission and Council. The EU Parliament ratified the deal on 29th January, the UK is due to leave the EU at midnight on 31…

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Houston, we have a problem: Standard of Workmanship & Defects

In last week’s article we looked at risk allocation in a construction contract. In this, our slightly delayed (luckily no LADs apply!) but penultimate article in our series, we turn our attention to: Standard of workmanship and design; and Defects. Standard We are all familiar with the requirement in construction contracts to carry out works…

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