Welcome to the weekly Construction highlights from the Lexis®PSL Construction team for the week ending 4 February 2016. This week’s edition of Construction highlights includes analysis of Commercial Management v Mitchell Design and Regorco, where the TCC considered whether a limitation clause had been incorporated into a subcontract, and of J Browne Construction v Chapman Construction, in which a contractor argued that subcontractor labour costs had been claimed fraudulently. We also take a look at Counted4 Community Interest v Sunderland City Council, in which the TCC applied the American Cyanamid principles to reg 96(1) of the Public Contracts Regulations 2015. This week’s news also sees an update from JCT of the main changes featured in the new 2016 Edition of contracts, which is due to be published later this year, and the results of a RIBA survey, which found NEC3 to be the most favoured form of contract.
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If planning permission imposes restrictions on a licensed premises opening hours, once operational can the personal licence holder apply for a Temporary Events Notice (TEN) to open for longer hours than those permitted in the planning permission?To use any property for a licensable activity both
Early leavers—preservationFORTHCOMING DEVELOPMENT: Section 10 of the Finance Act 2022 will increase the normal minimum pension age (NMPA) from 55 to 57 on 6 April 2028 (save for members of the firefighters, police and armed forces public service pension schemes).The Finance Act 2022 will also give
Late payment penalties—inheritance taxWhile interest often accrues on overdue tax, the late payment of certain taxes may also attract a penalty. For information on the interest accruing on overdue tax, see Practice Notes: IHT—payment deadlines on death—Interest on IHT and Interest on late paid
Dispute Resolution analysis: The High Court has provided concise guidance as to how misrepresentation should be analysed when considering jurisdictional gateways. Under Article 5(3) of the Lugano Convention, in negligent misstatement cases, the place of the event giving rise to damage is normally
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