Building and Construction in UK Law

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Leading Cases
  • East Ham Corporation v Bernard Sunley & Sons Ltd
    • House of Lords
    • 27 October 1965

    Dealing with this subject, the learned editors of Hudson's Building and Engineering Contracts, 8th edition, say at page 319 that there are in fact three possible bases of assessing damages, namely, ( a) the cost of reinstatement; ( b) the difference in cost to the builder of the actual work done and work specified, or ( c) the diminution in value of the work due to the breach of contract.

  • Gilbert Ash (Northern) Ltd v Modern Engineering (Bristol) Ltd
    • House of Lords
    • 25 July 1973

    But in construing such a contract one starts with the presumption that neither party intends to abandon any remedies for its breach arising by operation of law, and clear express words must be used in order to rebut this presumption.

  • Applegate v Moss
    • Court of Appeal (Civil Division)
    • 11 December 1970

    It is used in the equitable sense to denote conduct by the defendant or his Agent such that it would be "against conscience" for him to avail himself of the lapse of time. The section applies whenever the conduct of the defendant or his agent has been such as to hide from the plaintiff the existence of his right of action, in such circumstances that it would be inequitable to allow the defendant to rely on the lapde of time as a bar to the claim.

  • Sage v Secretary of State for the Environment, Transport and the Regions and another
    • House of Lords
    • 10 April 2003

    When an application for planning consent is made for permission for a single operation, it is made in respect of the whole of the building operation. The first is the practical one that an application for permission partially to erect a building would, save in exceptional circumstances, fail. As counsel for Mr Sage accepted, if a building operation is not carried out, both externally and internally, fully in accordance with the permission, the whole operation is unlawful.

  • Beaufort Developments (NI) Ltd v Gilbert Ash (NI) Ltd
    • House of Lords
    • 20 May 1998

    If one considers the practicalities of the construction of a building or other works, it seems to me that parties could reasonably have intended that they should have what might be called a provisional validity. Construction contracts may involve substantial work and expenditure over a lengthy period. It is important to have machinery by which the rights and duties of the parties at any given moment can be at least provisionally determined with some precision.

  • Commissioners of Customs and Excise v Viva Gas Appliances Ltd
    • House of Lords
    • 24 November 1983

    The maxim noscitur a sociis may be a useful aid to statutory interpretation, but the contexts in which it is applicable are limited. I can see no ground on which the meaning of the ordinary English word "alteration" qualified by the adjectival phrase "of any building" should be construed as excluding any work upon the fabric of the building except that which is so slight or trivial as to attract the application of the de minimis rule.

  • Commissioners for Customs and Excise v Zielinski Baker and Partners Ltd
    • House of Lords
    • 26 February 2004

    There is no dispute that the works constituted an approved alteration of a building. The critical question, however, is which building for the purposes of item 2 was being altered: was it the house or was it the outbuilding? If, as the taxpayers contend and the majority of the Court of Appeal held, it was the House, there can be no doubt that it was to remain as a single dwelling and was a listed building.

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  • The Town and Country Planning (General Permitted Development) (England) Order 2015
    • UK Non-devolved
    • January 01, 2015
    ... ... (designation of areas) as confirmed by the Secretary of State;“building”—(a) includes any structure or erection and, except in Class F of Part ... by local authorities and health service bodies) and Part 20 (construction of new dwellinghouses) of Schedule 2 to this Order, does not include a ... ...
  • The Energy Performance of Buildings (England and Wales) Regulations 2012
    • UK Non-devolved
    • January 01, 2012
    ... UNITED KINGDOM STATUTORY INSTRUMENT ... 2012 No. 3118 ... Building And Buildings, England And Wales ... The Energy Performance of Buildings ... the earth’s climate or environment or research into the construction, design or use of buildings, or ... (ii) the promotion of energy ... ...
  • The Public Contracts Regulations 2015
    • UK Non-devolved
    • January 01, 2015
    ... ... ” means the documented assessment of the performance of a construction product, in relation to its essential characteristics, in accordance with ... , service or process, including but not limited to production, building or construction processes, a new marketing method, or a new organisational ... ...
  • The Environmental Permitting (England and Wales) Regulations 2016
    • UK Non-devolved
    • January 01, 2016
    ... ... of a variation that relates to an activity that involves any construction or works, the variation relates to aspects of the construction or works ... and low-watermark;“construction” means the carrying on of building or engineering work which includes the repair, alteration, maintenance or ... ...
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Books & Journal Articles
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  • Additional draft case management directions
    • HM Courts & Tribunals Service court and tribunal forms
    Chancery forms, including claim forms and applications for orders.
    ... ... ()  The  claim be transferred to the Technology and Construction Court [ or other Specialist List ] ... script at Chancery Chambers, Case Management Section, The Rolls Building, 7 Rolls Buildings, Fetter Lane, London EC4A 1NL  [        ... ...
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