England and Wales High Court (Technology and Construction Court) Decisions: December 2022

Decisions of the Technology and Construction Court of the English and Wales High Court for December 2022.

Supplied by BAILII, The British and Irish Legal Information Institute.
Click on the case title to read the full decision on the BAILII website.

Bromcom Computers Plc v United Learning Trust & Anor [2022] EWHC 3262 (TCC) (19 December 2022)

Coldunell Ltd v Hotel Management International Ltd [2022] EWHC 3084 (TCC) (02 December 2022)

Energy Works (Hull) Ltd v MW High Tech Projects UK Ltd & Ors [2022] EWHC 3275 (TCC) (20 December 2022)

Griffiths & Anor v Gilbert [2022] EWHC 3122 (TCC) (06 December 2022)

Medequip Assistive Technology Ltd v Royal Borough Of Kensington And Chelsea [2022] EWHC 3293 (TCC) (21 December 2022)

Municipio De Mariana v BHP Group (UK) Ltd & Anor [2022] EWHC 330 (TCC) (21 December 2022)

Partakis-Stevens & Anor v Sihan & Ors [2022] EWHC 3249 (TCC) (19 December 2022)

Sudlows Ltd v Global Switch Estates 1 Ltd [2022] EWHC 3319 (TCC) (21 December 2022)

Tejani v Fitzroy Place Residential Ltd & Ors (Re Costs and Interest) [2022] EWHC 3153 (TCC) (09 December 2022)

University of Manchester v John McAslan & Partners Ltd & Anor [2022] EWHC 3154 (TCC) (09 December 2022)

 

 

Admixtures suppliers merger given the go ahead

Government’s competition watchdog has accepted that two chemical admixtures suppliers can come together without causing harm to the UK construction industry. Swiss firm Sika agreed to buy German company MBCC Group in a £4.5 billion deal in November 2021. The two businesses are the largest UK suppliers of chemical admixtures, which are used in products such as concrete to control characteristics such as strength or setting time.

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Contested road scheme sees start delayed

Start of construction on an upgrade to the A428 in East Anglia has been deferred from this month until the New Year because of an ongoing legal challenge. National Highways says the delay to the ‘Black Cat to Caxton Gibbet’ scheme is due to campaign group Transport Action Network submitting an application to the High Court for permission for a judicial review of the decision to grant the scheme a Development Consent Order.

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Fire safety concern raised over modern building approaches

Ambitions to construct homes quickly and sustainably should not be prioritised at the expense of building safety, the Government has been warned. The National Fire Chiefs Council says rules should be tightened for the testing of Modern Methods of Construction.

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Call for major projects to focus more on outcomes than cost

Promoters of major infrastructure projects need to get better at costing proposed schemes, a Parliamentary committee has heard. Institution of Civil Engineers’ policy and external affairs trustee Jonathan Spruce also said more emphasis should be placed on the whole life benefit of programmes rather than the capital cost of delivery.

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Sector output increases over last few months

Construction output rose by 0.8% in October to reach its highest monthly recorded figure for 12 years, according to data from the Office for National Statistics.

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Delivery of innovative thinking explored in the latest issue of CL

New thinking is required on construction projects in order to incentivise and drive innovation, according to our Guest Editor Laura West in the latest issue of Construction Law which arrived with subscribers this week.

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Downturn in project starts points to ‘a bleak winter’

Construction starts in November were down seven percent on the same month last year according to latest figures from informational portal Glenigan. Non residential construction starts were down 16% on a year ago, but residential starts were unchanged.

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Peer alleges dual accounting on High Speed 2

Claims have been made in Parliament that Britain’s largest rail construction project High Speed 2 is operating two parallel sets of accounts in order to “delay news of future costs”. The allegation was made by Lord Berkeley -- a long time opponent of the project - in a House of Lords debate into a new Protection for Whistleblowing Bill on Friday.

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Accelerated delivery asked of infrastructure statements

Government has been urged to publish updated National Policy Statements across all major infrastructure sectors to help speed up project delivery. National Infrastructure Commissioner Sadie Morgan, who chairs the organisation’s Design Group, has written to the Housing and Planning Minister, Lucy Frazer and invited her to meet to discuss matters further.

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