Knowledge Hub
The Upper Tribunal (Lands Chamber) has just issued its ruling in Roger and Suzanne Brookhouse v The Environment Agency [2026] UKUT 209 (LC), awarding Fenwick Elliott’s clients £3.3 million to reinstate their historic Grade II-listed home following damage to the grounds which was caused by increased groundwater levels arising from flood defence works.
This issue provides a comprehensive guide to “smash and grab” adjudications, with an overview of the basics that give rise to the right to require payment of the notified sum, consider recent case law from the courts, and provide practical tips to help employers and contractors avoid being on the receiving end of a smash and grab adjudication.
The NEC’s new Conflict Avoidance Clauses, for use with the NEC4 ECC form, were announced earlier this year and are intended to prevent the escalation of “disagreements” into “disputes”. In this blog, Claire King reviews how they are meant to operate in the context of contracts that are already subject to statutory adjudication and examines the extent to which parties should be adding them to their dispute resolution toolkit.
In this article, Ben Smith, with contributions from Oliver Weisemann and Millie Nash, examines the judgment from Monier Road Limited v Nicholas Alexander Blomfield and Other Leaseholders and discusses the key legal implications for those operating in the construction and property sectors.
The UK Supreme Court handed down its much-anticipated judgment in the case of URS Corporation Ltd v BDW Trading Ltd [2025] UKSC 21. The appeal was heard by a full panel of 7 justices who dismissed URS’s appeal on all 4 grounds. The judgment runs to 88 pages and is a must read for anyone working in the construction sector. This article examines the judgment, discussing the key issues arising and practical implications for those likely to be affected, including developers, contractors, consultants and insurers.
Lucinda Robinson reports on the recent decision in Placefirst Construction Ltd v CAR Construction (North East) Ltd, which provides current TCC guidance on payment and pay less notices. It also serves as an example of the confusion caused when contractual payment processes are not followed properly.
BLOs represent a significant change from the usual principle that a company is solely responsible for its liabilities and allow the Court to hold associated companies accountable for building safety failings, following the “polluter pays” principle. As the body of caselaw under the Building Safety Act 2022 begins to develop, the Court has now made the first BLO and provided
Following the Grenfell Tower fire in 2017 and the three-year anniversary of the BSA, building safety has been at the forefront of a significant number of conversations in and around the construction industry. The building safety environment is constantly evolving, via secondary legislation, developing policies, and a growing body of caselaw and judicial comment.
How can a claimant recover its losses associated with cladding remediation when the developer no longer exists, or does not have the money to cover the costs? Lucinda Robinson was joined by David Pliener KC and Helena White from Gatehouse Chambers to discuss the guidance handed down by the courts so far following from the BSA.
Jeremy Glover and Claire King of Fenwick Elliott joined Raquel Macedo Moreira of King’s College London to explore key findings from two ground-breaking reports about dispute avoidance and resolution mechanisms.
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