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June 03.2025
2 Minutes Read

Revisiting Workplace Safety: Why Lawyers Support Injury Law Reform

Palace of Westminster, iconic symbol, related to workplace injury law reform.

Reviving Workplace Safety Rights: A Must-Needed Reform

In a significant move to protect workers, a coalition of lawyers is advocating for the reversal of a controversial piece of legislation regarding workplace injury claims. The Employment Rights Bill, which is currently undergoing scrutiny in parliament, embodies these efforts. The Association of Personal Injury Lawyers (APIL) is staunchly supporting an amendment introduced by Chris Law, a member of the Scottish National Party. This amendment targets section 69 of the Enterprise and Regulatory Reform Act 2013, which many argue has weakened protections for injured workers.

Shifting the Burden of Proof

Previously, workers were afforded a statutory right to compensation when health and safety regulations were breached by their employers. However, since the introduction of section 69, the onus has shifted dramatically. Now, workers must prove negligence, posing a considerable challenge—especially in environments where employers have all control over workplace conditions. APIL treasurer Gordon Dalyell emphasized the gravity of this barrier, noting the legal complexities that disproportionately affect employees seeking justice after injury.

Rising Injuries, Falling Claims

Statistics reveal a startling trend: injuries that lead to more than seven days of absence increased by 16% from 2018 to 2024, yet the number of employers’ liability claims has fallen sharply by 50%. This alarming disconnect suggests that many injured parties either face insurmountable hurdles in claiming compensation or feel discouraged from even attempting to do so. Dalyell argues that Mr. Law’s amendment could restore essential rights for injured workers, offering a crucial lifeline to those suffering from workplace incidents.

A Call for Just Compensation

As this critical amendment progresses through parliament, stakeholders in the building and construction sectors, including employers and employees alike, should pay close attention. The outcome of these efforts will likely shape the landscape of workplace safety and employee rights for years to come. By supporting this reform, we can work together to create safer work environments—and ensure that victims of workplace injuries receive the justice they deserve.

Building & Construction Law

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10.23.2025

Groundbreaking Supreme Court Ruling Could Revive Housing Development Under Nutrient Neutrality Laws

Update A Game Changing Ruling for the Housing Sector The recent Supreme Court ruling in favor of CG Fry & Son Ltd. marks a significant shift in housing development, especially concerning the controversial nutrient neutrality rules. This decision could catalyze the construction of thousands of homes that had previously been stalled due to regulatory hurdles. The developer had initially received planning permission for a project in Somerset but faced delays due to new environmental guidelines regarding nutrient levels in water systems. Understanding Nutrient Neutrality and Its Challenges Nutrient neutrality aims to prevent development from exacerbating high levels of harmful nutrients, primarily nitrates and phosphates, in sensitive ecosystems. Although well-intentioned, the implementation of these rules has caused significant gridlock in the housing sector. CG Fry's case underscores how changing regulatory landscapes can create uncertainties for developers, making it difficult to navigate complex legal frameworks. Legal Experts Weigh In: Future Implications Experts in construction law are already commenting on the broader implications of this ruling. It not only clears the path for CG Fry's stalled projects but also sets a precedent for future developments. Legal professionals are closely monitoring the aftermath, especially as other developers might seek to leverage this ruling in similar circumstances. However, future legislation, such as the proposed Planning and Infrastructure Bill, could complicate matters again if new regulations are introduced. The Emotional Toll on Developers For many small and medium-sized developers like CG Fry, the emotional and financial strain caused by prolonged legal battles cannot be understated. As highlighted by Philip Fry, the managing director, the costs associated with delays could deter many from entering an already challenging market. This ruling offers a glimmer of hope, but it also serves as a reminder of the turbulent realities of navigating the construction law landscape. What This Means for Future Housing Developments The Supreme Court's ruling is expected to have immediate and significant effects on the planning and approval of housing projects throughout the UK. With developers now potentially able to resume work on projects that faced stagnation, the long-term prospects for housing accessibility could improve. Additionally, local governments and planning bodies will need to reassess their policies in light of this ruling, ensuring that future development aligns with both environmental protections and housing needs. This is a pivotal moment for the construction industry, filled with potential opportunities for growth and a renewed focus on responsible development. As the legal landscape shifts, it is crucial for homeowners, builders, and facility managers alike to stay informed and engaged in conversations around building and construction law.

10.09.2025

Discover the Newly Available International Arbitrators List for Construction Disputes

Update The Return of Specialist Arbitrators in ConstructionAfter a hiatus of over 25 years, the International Construction Arbitrators Association (ICAA) has stepped in to fill a critical gap in the construction industry. This newly launched directory offers a reliable list of international construction arbitrators, helping parties in cross-border disputes navigate complex legal waters with confidence.Why Arbitrators Matter in ConstructionIn construction projects, disputes can be a major hurdle, often leading to budget overruns and delays. The key to mitigating these issues lies in the expertise of the arbitrators involved. ICAA’s founding members, including notable figures like Sir Robert Akenhead and Mohamed S Abdel Wahab, exemplify the high standard expected of arbitrators specialized in construction law. Their experience in international arbitration enhances the credibility and effectiveness of dispute resolution.Understanding the Role of the ICAAThe ICAA aims to bridge the gap left by the FIDIC, which discontinued its list of construction arbitrators in 1999 in favor of adjudication services. As Edward Corbett, one of the founders, notes, “Construction is a very specialist field; it needs specialist arbitrators.” The ICAA’s curated list primarily features construction judges, lawyers, and engineers with extensive industry knowledge, ensuring that disputes are managed by those familiar with the intricacies of construction law and contracts.The Future of Construction ArbitrationReflecting on the launch, Jim Perry, a US construction lawyer in Paris, highlights how the right arbitrators instill confidence in both contractors and employers. Aarta Alkarimi, another co-founder, emphasizes that understanding the construction industry is critical to resolving disputes efficiently. The ICAA also plans to engage and mentor younger arbitrators, paving the way for a new generation of professionals equipped to handle construction arbitrations effectively.Available ResourcesThe list of expert arbitrators is available online at the ICAA’s official website, providing construction firms, legal practitioners, and even homeowners with a vital resource when disputes arise. Whether you’re navigating construction law or seeking advice on contracts, having access to reputable arbitrators can make all the difference in achieving a fair resolution.

09.29.2025

Vijay Bange Becomes New Head of Construction Law at Irwin Mitchell - What You Need to Know

Update Vijay Bange Takes the Lead at Irwin Mitchell's Construction Team Irwin Mitchell, a major player in the legal services sector, has announced the appointment of Vijay Bange as the new head of its national construction and engineering team. With over three decades of experience in various leadership roles, Bange is set to steer the firm's expansion efforts while bolstering its capabilities in building and construction law. Bringing a Wealth of Experience Bange’s extensive background includes senior leadership positions at Trowers & Hamlins and Pinsent Masons, where he honed his skills in key sectors such as residential and commercial property, infrastructure, and energy. Most recently, he was the construction lead partner at Duane Morris, where he contributed significantly to the international arbitration division. His diversified expertise positions him as an invaluable asset in navigating the complexities of construction law and contracts. Focus on Growth and Client Value Expressing his enthusiasm for his new role, Bange stated, “I’m thrilled to join Irwin Mitchell at such an exciting time of growth. The opportunity to shape and grow a national team, while leveraging my international network, is something I’m looking forward to.” This sentiment was echoed by Guy Sackett, the national head of real estate at Irwin Mitchell, emphasizing how Bange's leadership and sector knowledge will help deliver enhanced value to clients, especially amidst the ongoing evolution of construction and engineering projects in London. Enhancing Legal Services for Construction Clients The appointment follows a significant phase of growth for the firm, notably with the recent recruitment of construction disputes partner Alex Delin from Fieldfisher. This addition of leadership talents signifies Irwin Mitchell’s commitment to providing comprehensive legal services tailored to the needs of construction firms. Their aim is to offer solid advice on all areas of construction and architecture law, whether negotiating contracts or resolving disputes efficiently. Why This Matters for Homeowners and Facilities Managers For those involved in project management, whether in residential constructions or office facilities, having access to an experienced legal team is crucial. Firms like Irwin Mitchell, now under Bange's leadership, are positioned to address various legal issues related to construction law, ensuring that both legal compliance and project success are prioritized. This is especially important for homeowners and facilities managers who want to stay updated on the latest developments in this fast-evolving field.

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