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CORRESPONDENT’S REPORT – UK – PART 2: CASE REPORTS

International Construction Law Review

CORRESPONDENT’S REPORT – UK – PART 2: CASE REPORTS

NICHOLAS DOWNING, PARTNER

Herbert Smith Freehills LLP

IAIN SUTTIE, SENIOR ASSOCIATE

Herbert Smith Freehills LLP

EMILY BLANSHARD, SENIOR ASSOCIATE

Herbert Smith Freehills LLP

SUSANNAH DAVIS, PROFESSIONAL SUPPORT LAWYER

Herbert Smith Freehills LLP

NOE MINAMIKATA, PROFESSIONAL SUPPORT LAWYER

Herbert Smith Freehills LLP

INTRODUCTION

Since our last UK Correspondent’s Report in 2019, there have been a number of notable cases concerning the Housing Grants, Construction and Regeneration Act 1996 (the “1996 Act”) in which the Technology and Construction Court has provided important judicial clarification around the application of the 1996 Act, including on the exclusions to the definition of “construction operations”. Most notably, however, 2020 saw a conclusive determination regarding the much debated interrelationship between statutory adjudication under the 1996 Act and the UK insolvency regime in the form of the Supreme Court’s judgment in Bresco Electrical Services Ltd (In Liquidation) v Michael J Lonsdale (Electrical) Ltd [2020] UKSC 25; [2020] BLR 497. More recently, the Supreme Court also handed down its long-awaited decision in Triple Point Technology Inc v PTT Public Company Ltd [2021] UKSC 29; [2021] 3 WLR 521 in which it overturned the Court of Appeal’s “radical re-interpretation of the case law on liquidated damages”.1

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