You lose some, you win some - The end of smash and grab!
The development of construction law has, for a number of years, felt like the personal achievements of Mr Justice Coulson.
The development of construction law has, for a number of years, felt like the personal achievements of Mr Justice Coulson. I described his opinion being overturned last week in Amec v Arcadis by Lady Justice Gloster LJ here and his opinion (the last one in the high court) in Grove Developments v S&T here. I said in my article on Grove Developments that the case might be appealed, and it has been.
The Court of Appeal handed down its judgment on 7 November 2018, and upheld Coulson’s opinion. Whereas Gloster may have been mean to Coulson, Lord Justice Jackson (who kindly came out of retirement to give Coulson his approval, along with his colleagues, Lord Justice Longmore and Lady Justice King) has been kinder.
This soap opera of judges agreeing and disagreeing with each other masks a fairly significant sea change in construction litigation. It used to be the case that the “notified sum” under a construction contract (whether agreed or deemed to have been agreement by the Housing Grants, Construction and Regeneration Act 1996 and the Scheme for Construction Contracts 1998, both as amended) had to be paid and that there was absolutely no defence, and no ability to even open up the figures until there was a subsequent valuation or final account. The notified sum is calculated by reference to applications, payment notices and pay less notices served (or, often, not served) by the parties to the contract.
The recent Court of Appeal judgment confirms the High Court opinion that, although there is still no defence to such a claim, the “notified sum” can be reopened and revalued in a subsequent adjudication. The silver lining to this is that the paying party must actually pay the “notified sum” before they can commence a second adjudication to revalue the works.
Therefore, although the impact of payment notices has softened very slightly, they are still extremely important. Bear in mind that the Grove Developments v S&T case involved a claim for £14m, which had to be paid before a second adjudication could be commenced. It’s all well and good if both parties consider £14m to be something that can just be paid over temporarily, but for the rest of us mere mortals, being obliged to pay money just because the wrong notice was served is still going to have a devastating impact.
So make sure you get your notices right!
Autumn Budget 2025: Agricultural Property Relief & Business Property Relief Changes
It was announced in the 2025 Budget that from 6 April 2026, changes will be made to agricultural property relief and business property relief. These changes bring APR and BPR in line with the nil-rate band rules, meaning unused allowances can be transferred to a surviving spouse or civil partner. This is a significant step towards making estate planning easier for families who own farms or businesses.
The Employment Rights Act 2025 is expected to come into force tomorrow (18 December 2025)
After an extended period of back-and-forth amendments between Parliament and the House of Lords, on 16 December 2025, the ERB finally received approval from the House of Lords, with the formality of Royal Assent due to take place tomorrow (18 December 2025). Head of LP Employment, Dan Chapman, explains...
Autumn Budget 2025: Agricultural Property Relief & Business Property Relief Changes
It was announced in the 2025 Budget that from 6 April 2026, changes will be made to agricultural property relief and business property relief. These changes bring APR and BPR in line with the nil-rate band rules, meaning unused allowances can be transferred to a surviving spouse or civil partner. This is a significant step towards making estate planning easier for families who own farms or businesses.
The Employment Rights Act 2025 is expected to come into force tomorrow (18 December 2025)
After an extended period of back-and-forth amendments between Parliament and the House of Lords, on 16 December 2025, the ERB finally received approval from the House of Lords, with the formality of Royal Assent due to take place tomorrow (18 December 2025). Head of LP Employment, Dan Chapman, explains...
Charity of the Month: The Matthew Project
Leathes Prior is delighted to be supporting The Matthew Project as our Charity of the Month for December 2025. The Matthew Project supports young people and adults across Norfolk, Suffolk, and Essex to overcome issues around drugs, alcohol, and mental health, empowering them to rebuild confidence and lead fulfilling lives.
Leathes Prior’s Milan Pandit appointed President of the Norfolk & Norwich Law Society
Leathes Prior Solicitors is proud to announce that Milan Pandit, Solicitor in our Corporate & Commercial Team, has been appointed President of the Norfolk & Norwich Law Society (NNLS) for 2025/26.
Commercial Lease Renewals: A guide for Landlords & Tenants
Commercial lease renewals are a topic that every commercial landlord and business that rents commercial premises should have at the forefront of their minds. It is essential for good succession planning, though it is often neglected until the expiry of an existing lease term is looming or once the existing term has come to an end and the tenant is holding over. In this article, our newly qualified solicitor, Maggie Berry explores the process that landlords and tenants can expect when navigating this complex area of law.
Our Guidance, Your Legacy: What is a Will, and why should I make one?
Not only is a Will one of the most important steps you can take to protect your loved ones and ensure your wishes are respected, but it also limits the likelihood of a claim/dispute following your death. To ensure your loved ones and the causes you care about benefit from your estate, a Will is essential to ensuring this happens. Find out more in this article.
Lease extensions: The essentials to getting started
Extending your lease can seem complex, but taking the right steps early can make the process much smoother. Jake Mowatt, Associate and Harry Smith, Trainee Solicitor in our Residential Property Team outlines the key essentials every leaseholder should understand prior to extending their lease.
Upcoming changes to bringing employment law claims: What these mean for you
The highly anticipated Employment Rights Bill (ERB) is set to increase the time limits in which employees can bring an employment tribunal claim. Gareth Stevens & Rose Woolterton explain what this means for employers & employees.
Service Charges in Residential Leases: FAQs
Service charges are forever a hot topic in the world of property disputes, and it remains one of the most contentious areas between freeholders and leaseholders, particularly in long residential leases. Danny Turpin, Associate, discusses frequently asked questions regarding service charges on long residential leases.
Leathes Prior winners in nine categories in the prestigious Legal 500 Future Laywer Survey
We are thrilled to announce that the firm has placed once again in the Legal 500 Future Lawyer survey as No.1 in the UK for our Social Life; a ranking we have held in the survey for seven years out of the past nine years.
Jess’s Rule – New Guidelines for GPs
A new initiative is being rolled out across GP practices across England in the hope of preventing serious illnesses being missed by GPs where patients present with the same, or deteriorating, symptoms on multiple occasions. Kimberley Nelson in our Personal Injury & Clinical Negligence Team discusses new guidelines for GPs.
Leathes Prior are excited to announce that four Trainee Solicitors qualify at the firm
Leathes Prior is excited to announce that four of our amazing trainees, Eleanor Chapman, Maggie Berry, Alex Robinson, and Georgia Sartin, have successfully completed their training contracts and are now qualifying as Solicitors at the firm.
