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Articles by Nathan Modell
Downstream scope 3 emissions - revised guidance from the department for energy and security & net zero
In June 2024, the Supreme Court in R (on the application of Finch on behalf of the Weald Action Group) (Appellant) v Surrey County Council and others (Respondents) [2024] UKSC 20 (‘ ’) found that a decision to grant planning permission for an onshore oil development project at a site in Surrey was unlawful in circumstances where downstream greenhouse gas (‘GHG’) emissions from the combustion of the oil produced were not assessed in the Environmental Impact Assessment (the ‘EIA’).
PFAS: are these ‘forever chemicals’ akin to the new asbestos risk?
Initially formulated in the 1930s, Per- and polyfluoroalkyl substances (PFAS) chemistry has been commonly used in the manufacturing process of products used by consumers and the industry.
Court puts stop to unlawful development green lights! Rosebank & Jackdaw oilfields ruling
On 29 January 2025, the Outer House of the Court of Session in Scotland handed down its decision on two judicial reviews brought by environmental campaigners Greenpeace and anti-fossil fuel group Uplift.
Steps towards building a sustainable future: The UK Net Zero Carbon Buildings Standard
Late September 2024 saw the launch of the Pilot Version of the UK Net Zero Carbon Buildings Standard (the “Standard”)[1]. This initiative marks a significant milestone in a collective cross-industry effort to agree a UK built environment industry wide net zero standard, and to facilitate parties in taking positive and demonstrable steps in reducing the overall impact of construction of buildings on the environment.
Washed-up, sewage and the Supreme Court: Manchester Ship Canal Company v United Utilities
Introduction This month’s Supreme Court (‘SC’) ruling in Manchester Ship Canal Company Ltd v United Utilities Water Ltd (No. 2) [2024] UKSC 22 marks the much-anticipated conclusion of the long-running litigation between Manchester Ship Canal Company Ltd (‘MSCC’) and United Utilities (‘UU’), the sewerage undertaker for North-West England.
Developing decarbonisation efforts under the Government’s Carbon Reduction Schedule
What does the Government’s Carbon Reduction Schedule cover? On 18 March 2024, the UK Government published Procurement Policy Note (PPN 01/24) – a new Carbon Reduction Schedule (the “Schedule”) – containing guidance and optional precedent standard terms and conditions to help support the delivery of decarbonisation objectives.
Tackling co-insurance issues or a ‘try’ on? FM Conway v The Rugby Football Union: the extent to which contractors and sub-contractors are covered under construction all risk policies
In a fairly rare case concerning a project construction all risk insurance policy (CAR Policy) reaching the Court of Appeal, in FM Conway Limited v The Rugby Football Union, Royal & Sun Alliance Insurance PLC, Clark Smith Partnership Limited [2023] EWCA Civ 418 the Court of Appeal has upheld a high court decision which reminds contractors and sub-contractors that in order to rely on insurance cover under a CAR Policy the parties must ensure that the contractual documents are clear and entitle...
UK Government launches inquiry into reinforced autoclaved aerated concrete (“RAAC”)
It has been widely reported in the press that the UK government has launched an inquiry into the potential existence of RAAC in buildings across the £158bn government estate, due to concerns of imminent structural collapse. What is RAAC? Autoclaved aerated concrete was first developed in Sweden in the 1920s and was mainly used for the construction of lightweight thermal blocks. The reinforced version, RAAC, was subsequently introduced and widely used in the United Kingdom from around the 1950s.
Tate Modern viewing platform found to invade apartment owners’ privacy
On Wednesday 1st February 2023, the Supreme Court handed down judgment in a long running dispute between the owners of four luxury apartments on London’s Bankside and the Tate Modern. The Supreme Court held that the Tate Modern’s Blavatnik extension to the gallery led to the owners of the apartments facing a “constant visual intrusion” that interferes with the “ordinary use and enjoyment” of their properties.
NEC publishes final version of new X29 secondary Option to help tackle climate change; a very encouraging development, but, as always, the devil is in the detail
In April of this year, we highlighted that NEC had released a new secondary Option clause X29 (Climate Change), for consultation, that was to be used with the NEC4 Engineering and Consultancy Contract (the “ECC”). After the period of consultation which ended on 13 May 2022, the clause has now been published across the full suite of the NEC4 Contracts, including the Professional Service Contract.
NEC and climate change : NEC releases new X29 secondary Option for consultation
As we have previously reported in our “Beyond Net Zero” series, the built environment sector faces huge challenges in reducing its environmental impact and reaching Net Zero. In a welcomed development, NEC have now released their new X29 secondary Option, reducing the impact of works on climate change, for consultation.
Draft Building Safety Bill
To print this article, all you need is to be registered or login on Mondaq.com. On 20 July 2020 the UK Government published the long awaited draft Building Safety Bill ("the Draft Bill"), setting out proposals for reform of the regulatory regime for buildings in England.
Approved Inspectors do not owe a duty under the Defective Premises Act 1972 August 2019 | Lexology
The Court of Appeal's decision in The Lessees and Management Company of Heron's Court v NHBC Building Control Services Limited [2019] EWCA Civ 1423 ("Heron's Road") reaffrims that Approved Inspectors do not owe a duty under Section 1 of Defective Premises Act 1972. Background The Court of Appeal judgment in this case was handed down on 14 August 2019 and upholds the decision of Waksman J at the first instance.
Managing (client) expectations: The extent of an architect's duties in relation to their client's budget
Foster + Partners Limited (Fosters) are facing a 3.6m bill following a High Court ruling in respect of a hotel scheme the practice worked on almost a decade ago, which did not proceed. In 2007, internationally acclaimed architects Fosters were commissioned to design a hotel on a site near Heathrow Airport. Fosters' scheme far exceeded their client's budget. As a result of the financial crisis, the client was unable to obtain sufficient funding for the scheme to proceed.
Torch tower: Burning questions
A blaze that ripped through the Torch tower in Dubai could have major legal and cost implications for skyscraper fire safety in the UAE
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