Legislation state of play table 305

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: December 2025

Our regular analyses of the court cases of most interest to construction from Andrew Croft, Ben Spannuth and Daniela Parfitt of Beale & Company Solicitors LLP focusses on  a judgment that is the first occasion where the HSE has sought an injunction in the exercise of its statutory functions under the BSA; and a decision emphasising that where parties have entered into bespoke agreements, the court will endeavour to uphold their intentions whilst ensuring that the interpretations of the terms do not contradict the Construction Act.

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Developments infringing rights-to-light: injunctions move into the shadows

Dev Desai and Rachel Belinfante of Watson Farley & Williams LLP explore the Court’s increasing drive towards the pragmatic grant of damages rather than injunctions to protect operational assets. Rights to light are no longer a complete barrier to development, they conclude.

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Construction Law Guide to: Design Liability

In this month’s CL Guide Lotte McGuire considers design liability of both contractors and consultants.

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BSR: putting powers into practice 

Ruth Armstrong and Lauren Bennett of Gateley Legal examine the enforcement options that the Building Safety Regulator has available for breaches of the safety legislation, and ask whether the regulator is up to the task. Tension between safety and delivery remains unresolved and is stopping both remediation and new build projects in their tracks, they warn.

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The Building Safety Act in 2025: a legal roundup of the reforms and key decisions  

Lewis Couth and Alex Jones of Walker Morris look at what has happened in 2025 in relation to the Building Safety Act. Three key court cases that helped clarify key enforcement powers of the much criticised Building Safety Regulator are examined.

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Matière SAS v ABM Precast Solutions Ltd – a good step for good faith?

Chris Bryden and Rachael Hyde of 4 King’s Bench Walk examine a court ruling that advances the law relating to express good faith terms in contracts. Analysis sheds light on the process of evaluation the court will undertake when considering a claim for breach of good faith.

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Collateral warranties – all that glisters is not gold

Jess Burke and Jane Hughes of Bird & Bird LLP ask whether collateral warranties from an Employer’s agent or contract administrator are worth anything? Examination of the relevant case law suggests they may have some value, but are over-sold and over-demanded.

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Insuring plant and equipment

Insurance expert John D Wright of JD Risk Associates explains some of the difficulties relating to insuring plant and equipment. The use of hired plant has grown significantly, but hire agreements can place onerous burdens on hirers, he warns.

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GenAI in [alternative] dispute resolution?

Tracey Summerell of Dentons UK and Middle East LLP examines how generative AI has fast tracked dispute resolution. Human oversight is still required, she warns.

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