Stand up for your interest: interested parties and standing to apply for a variation of an Aarhus Convention cost cap

The Aarhus Convention has for some time now been a welcome benefit to claimants involved in environmental litigation ensuring that there is ‘inexpensive’ access to justice in such cases and helping (as far as possible) to ensure an equality of arms. This has been of particular benefit to individuals and local interest groups looking to…

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Does your termination clause still work the way you think? Changes to insolvency law under the Corporate Insolvency and Governance Act 2020

Parliament has now passed the Corporate Insolvency and Governance Act 2020 (Act), making some significant reforms to the insolvency regime, with some particular consequences for suppliers of goods and services. While the Act contains some specific and temporary measures to help mitigate the effects of COVID-19 (such as the suspension of a director’s liability for…

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The Supreme Court decision in Bresco v Lonsdale (2020) – insolvency no bar to adjudication

This significant case addresses what was previously seen as a somewhat uneasy relationship between the adjudication regime for building disputes and the rule of insolvency law called insolvency set-off. Background Bresco and Lonsdale are electrical contractors. In 2014, Bresco carried out installation work for Lonsdale, and later that year Bresco ceased to attend the site….

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Case Summary: J&B Hopkins Ltd v Trant Engineering Ltd

The recent judgment of Mr Justice Fraser in this case has provided fresh evidence for the importance of complying with the notice requirements under a construction contract. Mr Justice Fraser considered the enforcement proceedings brought by the sub-contractor for summary judgment and the application by the contractor for a stay of execution at the same…

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Mobile Phone Extraction by Police Forces – ICO’s Latest Findings

On 18 June the Information Commissioner’s Office (ICO) released its investigation report into mobile phone data extraction by police forces in England and Wales. The investigation, which began in August 2018, was carried out by the ICO following concerns about the potential for excessive processing of personal data that could arise as a result of…

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Public Procurement after Brexit: June 2020 update

In this rapidly evolving environment, one would be forgiven for having missed the government’s announcement last week that the UK has given formal confirmation to the EU that the Brexit transition period will not be extended beyond the end of 2020.  This means the amended public procurement regulations will take effect at the start of…

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