Changes to the UK Insolvency Regime and the Impact on Supply Contracts

Vijay Bange and Candice Light of Duane Morris describe how the new insolvency legislation making it difficult or impossible for suppliers to terminate contracts where a company has entered into a defined insolvency procedure will work. Far reaching impacts can be expected.

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Waste plant operator in receivership after losing court battle

A joint venture company operating a private finance initiative waste plant in Essex has gone into administrative receivership. This follows a recent Technology & Construction Court ruling that saw the Urbaser Balfour Beatty (UBB) company ordered to pay Essex County Council more than £10M over problems with the Tovi Eco Park facility in Basildon.

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How are construction disputes evolving?

The findings of two major surveys reveal a changing pattern of disputes in construction, as Amy Roberts, Adrian Bell and Shona Frame of CMS Cameron McKenna Nabarro Olswang LLP explain. The impact of Covid-19 and Brexit are still to be felt, they warn.

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Packham defeated but Hillingdon successful in HS2 appeals

Environmentalist and broadcaster Chris Packham has been refused permission for a judicial review of the government’s decision to green light High Speed 2 following a Court of Appeal ruling.

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Form EWS1 – a better solution needs to be found

Will Buckby and Ian Masser of Beale & Co warn consultants that they should avoid taking on work under Form EWS1 - designed to provide assurance that a high rise building is fire safety compliant - which imposes unlimited liability on them. Professional indemnity insurance could be compromised by its use, they advise.

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Measures to help the progress of DCO projects

Infrastructure planning law specialist Angus Walker of BDB Pitmans says keeping planning and consenting of nationally significant projects going will help reduce the depth of the coming recession as well as speeding up the recovery. There are practical steps to be taken that will help.

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Costs – the hidden element

Insurance expert John D Wright of JD Risk Associates looks at the extent to which insurance policies offer cover for costs, such as legal costs, in addition to losses suffered as a result of an insured event occurring. Policies should be read with care, he warns.

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Make mediation compulsory?

In the latest of our alternative dispute resolution (ADR) series, Tracey Summerell of Dentons UK and Middle East LLP asks whether it is time for mediation to be made compulsory.

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Insolvency relief for struggling businesses

The Corporate Insolvency and Governance Act 2020 came into force on 26 June 2020 to help businesses manage the economic implications of Covid-19. It introduces changes to insolvency law in the UK (but with separate provisions for Northern Ireland).

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New and proposed legislation: State of play table 252

This table, prepared by Dentons UK and Middle East LLP, 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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