Articles

Part 4 of the BSA 2022 introduced a new regime for managing “building safety risks” in “higher risk buildings”. Adam Rosenthal KC considers the nature of building safety risk, the definition of higher risk building and the "accountable person", who is responsible for performing these statutory duties.

• Adam Rosenthal KC

In this series of articles, we aim to highlight 3 of the most interesting cases in our field decided in the past month. This month: when a common intention constructive trust prevails over an express declaration; errors in the right to manage procedure; and strike out for abuse of process.

• Fern Schofield

In this series of articles, we aim to highlight 3 of the most interesting cases in our field decided in the past month. This month: nuisance and sewage undertakers; the scope of strike out for abuse of process; and break clauses and consideration under the Electronic Communications Code.

• Stephanie Tozer KC
• Fern Schofield

Toby Boncey’s case note on Redrow v Secretary of State for Levelling Up, Housing and Communities [2024] EWCA Civ 651 considers the Court of Appeal’s approach (in the context of a judicial review of a decision made prior to the deed of bilateral contract) to the question of the steps applicants need to have taken before BSA funding could be approved.

• Toby Boncey

Catherine Taskis KC discusses remediation orders under s.123 of the Building Safety Act 2022 in light of the recent First-tier Tribunal decision in Secretary of State for Levelling Up, Homes and Communities v Grey GR Limited Partnership CHI/00HN/HYI/2023/0008: The Chocolate Box, Bournemouth.

• Catherine Taskis KC