Modernising and streamlining English-seated arbitration

James Barratt, Bradley Lindsay and Iona Gilby of Vinson & Elkins examine several of the principal changes being introduced by the Arbitration Act 2025 which received Royal Assent in February. Enacting Regulations are likely be made soon, so parties should familiarise themselves with the changes, they advise.

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Has Design & Build outlived its usefulness in a post-Grenfell world?

Design & Build received implicit criticism in the Grenfell Inquiry report and the number of disputes involving them is on the rise. Barry Hembling, Dan Haley and Sam Gunnewicht of Watson, Farley & Williams LLP argue that this popular procurement route might no longer be fit for purpose.

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Does the Building Safety Act 2022 remove the value of building warranties?

Pauline Lam and Mark Fletcher of Russell-Cooke LLP and Aaron Walder of Landmark Chambers ask whether the Building Safety Act is in need of reform following a First-tier Tribunal decision that could give insurers opportunities to avoid liability for remediation works under new build warranties.

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The insurance market – meeting today’s challenges

Insurance expert John D Wright of JD Risk Associates predicts major challenges ahead for the stability business needs from the insurance market. Technological change, cyber crime and climate change are among the risks that need to be managed more rigorously than ever.

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Planning Bill may already be discouraging judicial review challenges to projects

The government is set to allocate more than £1 billion of public funding for the £10 billion Lower Thames Crossing in next week’s spending review, according to national newspaper reports. The project is being seen as a test of the government’s ambitions to unblock large infrastructure projects.

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NAO identifies need for developer funding system improvements

Weaknesses in the Ministry of Housing, Communities & Local Government’s (MHCLG) developer contributions system that funds essential local infrastructure like schools, roads, public transport, and affordable housing are undermining councils’ ability to negotiate with developers, says the National Audit Office.

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No time for complacency in tech adoption

The latest in our alternative dispute resolution series comes from Tracey Summerell of Dentons UK and Middle East LLP, who warns against complacency in face of the increasing use of new technologies like AI. The same standard of professionalism has to be applied to their implementation as in lawyer’s expert fields, she says.

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Legal terms explained: Transferred Loss

“Transferred loss” is a limited exception to the general rule that a claimant can recover only loss which it has itself suffered (Swynson Ltd v Lowick Rose LLP [2017] UKSC 32).

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Councils could get power to seize builders’ land banks

Developers who consistently fail to build out consented sites and those who secure planning permissions to trade land speculatively could face a “delayed homes penalty” of thousands of pounds per unbuilt home under new government measures.

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Consultation opens on new vision for ports

New proposals from the Department for Transport (DfT) designed to better support ports to deliver important national infrastructure more quickly have been announced. Consultation on the draft revised national policy statement for ports proposals is open until 29 July.

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