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Mediation and compulsory mediation in the English courts

In the latest article in our Alternative Dispute Resolution series Linzi Hedalen and Alysha McMillan of Dentons UK and Middle East LLP examine why mandatory mediation is becoming a preferred tool for dispute resolution.

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Legal terms explained: Third party rights

A fundamental principle of common law is the doctrine of privity of contract, which states that only parties to a contract may enforce its terms. Enforcement may take various forms, such as an action for an agreed sum, damages for breach of contract, specific performance of contractual obligations or an injunction to restrain a breach.

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Battle of the forms still rages

Guest Editors Ben Jolley and Gayatri Gogoi of Herbert Smith Freehills Kramer LLP take a close look at a TCC decision that at first glance seems to displace the ‘last shot’ principle in contract formation. On examination, they argue, parties still have to be aware that contracts can be formed before formal documents are signed.

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Legislation state of play table 302

This table, prepared by Alignment Media, provides a regularly amended guide to new and proposed legislation that will affect the construction industry. In addition to EU Directives and UK legislation, the table includes notes highlighting discussion papers issued by both government and non-government organisations, and commentary on the latest developments.

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Reports from the courts: Aug/Sept 2025

Our regular round up of the court cases of most interest to construction comes from Andrew Croft, Ben Spannuth and Daniela Miklova of Beale & Company Solicitors LLP who examine a  decision  that shows the TCC’s commercial approach to interpreting payment applications rather than entertaining overly complicated interpretations of the Scheme; and one showing that the courts will look to uphold good faith obligations; parties will need to show that a breach is causative of an alleged loss.

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Remoteness of damages in construction disputes 

Barry Hembling, Caroline Rossmann and William Stewart of Watson, Farley & Williams LLP examine a long running dispute that has already been before the Supreme Court. This latest TCC judgment provides useful guidance about the law on remoteness of damages and how these principles are applied in construction law claims.

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Construction Law Guide to: Adjudication

Our latest Construction Law Guide series article comes from Jenny Harrison of DLA Piper LLP who examines Adjudication. 

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AI in Construction Dispute Resolution 

Chiara Pieri and Keith Robertson of CMS Cameron McKenna Nabarro Olswang LLP analyse the opportunities, risks, and guidance of using Artificial Intelligence (“AI”) when resolving disputes in construction. Despite the valuable contribution of AI, human oversight is still needed, they argue.

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Reducing the carbon footprint of international arbitrations  

Fatma Guney, of Hamish Lal Partners, London, seeks to point to the elephant in the room and explore the concept of ‘Greener Arbitration’. Has arbitration strayed too far off a suitably green path, she asks. 

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Reforming the Building Safety Regulator: A new dawn?  

Alex Jones of Walker Morris examines why the House of Lords is undertaking a formal inquiry into the effectiveness of the Building Safety Regulator regime, which is widely agreed to need significant overhauled. Hold ups to high rise housing projects in particular need to be overcome.

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