REUTERS | Ina Fassbender

September digest: it’s all change for the TCC and Building Regulations

As Truman Capote said:

“Writing has laws of perspective, of light and shade just as painting does, or music. If you are born knowing them, fine. If not, learn them. Then rearrange the rules to suit yourself.”

It was all change at the TCC this month. Not only did Akenhead J’s time as the Judge in Charge begin (and Ramsey J’s end), but we also waved goodbye to the old TCC Guide. The second revision is now upon us. Are you up to speed?

Although the courts are still in summer recess, the Court of Appeal considered a negligent failure to warn and intervening acts, and the Commercial Court looked at liquidated damages clauses. Adjudication topics under consideration included the meaning of in-writing (twice), adjudicator resignation and whether an adjudicator can subsequently act as a party’s expert.

Elsewhere, Building Regulations were high on the agenda. The government published consolidated legislation in the form of the Building Regulations 2010, and both the LABC and the RIBA responded to the consultation of the regulations’ future.

Health and safety regulation was also in the news, along with the safety of off-shore working. A number of environmental issues, including sustainable development, sewers, nuclear de-commissioning and clean-up and CRC in PFI were also reported on.

Further afield, the Council of the European Union reached agreement with the European Parliament on the Late Payments Directive and was discussing the marketing of construction products; the ICC published Incoterms 2010; we published a guide to contractor licensing and permit requirements in 18 jurisdictions world-wide; and the ECJ ruled on the scope of professional privilege for in-house lawyers.

Finally, other topics covered in September included PFI hybrids; the future of ICE contracts after the announcement that the ICE is no longer sponsoring them; and, following the Court of Appeal’s decision in Jivraj, the future of international arbitration in the UK and discrimination in institutional arbitration. We also published a suite of new resources on using an escrow account or a project bank account on a construction or engineering project.


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