The Government first announced plans for a shared ownership right to buy in October 2019. At the time the sector raised concerns about the impact the plans would have on housing associations ability to borrow. An election and a pandemic later the Government announced, during the CIH Housing Festival last week, the return of the right to shared ownership as part of its Affordable Homes Programme (AHP).
The Society for Computers and Law (SCL) has introduced an Adjudication Scheme for IT Projects and Services.
In its announcement SCL described the key details of the Scheme as being:
A three-month procedure for “technology” disputes – meaning any dispute arising from a contract for the provision of tech-related goods and services including software development contracts, outsourcing arrangements, systems integration contracts, IT consultancy contracts, software licensing agreements, blockchain/smart contracts and cloud computing contracts.
No restriction on the size or scope of tech disputes that may be referred.
A pre-selected panel of adjudicators (set up and maintained by SCL) from which an adjudicator may be chosen for individual adjudications.
The new SCL Adjudication Scheme is very welcome. It mirrors the adjudication process that has been included in construction contracts for some 25 years (and the reference to the Technology and Construction Court (TCC) in the Adjudication Scheme rules is significant since the TCC is the specialist court for dealing with technology and construction disputes).
We have just included the SCL Adjudication Scheme in an IT contract for a client for the first time as part of the dispute resolution measures aimed at resolving any dispute as quickly and cost-effectively as possible.
On the SCL website you will find:
- SCL Adjudication Scheme Rules
- Guidance Notes
- Schedule of Charges
Key points to highlight about the Scheme are:
- There is no restriction on the size or scope of technology disputes that may be referred.
- The SCL has put in place a pre-selected panel of adjudicators.
- The adjudicator’s decision will be provisionally binding meaning the parties may reopen the dispute in subsequent litigation or arbitration but…
- Any later proceedings must be started within six calendar months of the adjudicator’s decision.
- There is an express requirement that adjudicators conduct adjudications in a timely and cost-effective manner and avoid unnecessary expense and…
- The parties are required to act in good faith and co-operate throughout the procedure.
- The successful party is entitled to enforce the adjudicator’s decision on an expedited basis available under the procedures of the TCC or any other suitable court.
- The SCL has provided clauses to use in contracts that are to include the Scheme.
- These clauses are not mandatory and the SCL also welcomes ad hoc referrals.
Two final pieces of the possession jigsaw have been published on 15 September 2020. Mr Justice Knowles’ working group on possession proceedings has issued its guidance on the “overall arrangements” for possession proceedings.
One change proposed by the Building Safety Bill is the introduction of a duty holder regime, which will see statutory responsibility for the safety of higher risk buildings placed on key individuals
Throughout this pandemic, the Competition and Markets Authority (CMA) has been publishing various “Statements on Coronavirus” (Statements) which provide guidance on consumer rights during this time.
A recent increase in COVID-19 cases in the UK means new measures are being put in place in an effort to reduce the risk of a second wave. Whilst the impact of COVID-19 continues to be felt, it is important to remain focused on the sector’s road to recovery.
Sometimes half an hour at a conference gives you the reality that has been staring you in the face all along. That was my experience watching “Change is on the Horizon”
Following our recent e-briefing on Possession Notices, Helen Tucker and Emilie Pownall from our housing litigation team discuss the impact of the changes on social landlords.
Not only has the possession stay been extended until 20 September, the notice periods to be given to tenants has been extended in certain circumstances with some important exceptions.
The Court has confirmed that a party cannot withhold its consent in order to re-write the original bargain.
Following the Grenfell Tower tragedy, building safety continues to be a key concern for social housing providers and their residents.
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