A lawyer who represents phone-hacking victims is to sue News International for damages after it was revealed the News of the World hired private investigators to spy on him and another lawyer. But who regulates private investigators?
Under the Private Security Industry Act 2001, provision was made for private investigators to be licensed.
The Act set up the Security Industry Authority which prioritised the licensing of bouncers and wheel clampers.
The ABI draws a distinction between its regulated members, who are professional investigators operating in the private sector and those individuals given the label of ‘private investigator’, who remain unaccountable and unregulated. The individuals highlighted by the current ‘phone hacking’ scandal are opportunists masquerading as investigators, and
are prepared to operate outside the confines of the law for commercial gain.
The ABI is calling on all serious professional investigators to publically demonstrate their integrity and commitment to professional standards, via ABI membership. The ABI is the only industry body to actively self regulate members, and to a standard higher than originally envisaged by the Government driven Security Industry Authority (SIA).
Who would have thought that Brexit – or the lack of it – would significantly affect the way in which the industry manages boundary disputes? Richard Crow, associate director of Trident Building Consultancy, explains:
Two years ago a Private Member’s Bill, sponsored by Lord Lytton, received its first reading in the House of Lords. The Bill suggested that boundary issues could be better addressed by using a structure which broadly replicates the provisions of the Party Wall Act – essentially removing much of the responsibility from solicitors and handing it to surveyors. Progress of the Bill was thwarted by the general election of June 2017, and with parliamentary time apparently unavailable to advance the legislation it is yet to have its second reading in the Lords. The delay is frustrating, but it also provides some necessary reflection time.
The Royal Institution of Chartered Surveyors is once more mounting its Legal Issues in Construction conference this year. The conference will be held on 6 November at the Cavendish Conference Centre, in London’s Marylebone, and will qualify for 5.5 hours of formal CPD.
This year’s programme will provide crucial updates and expert advice and guidance, and has been developed in partnership with Pinsent Masons and Keating Chambers – the leading law firm and chambers operating in the sector.
The construction industry is increasingly complex and challenging, as are the legal risks involved. That makes it imperative for professionals in the sector to keep up-to-date with recent case legislation and developments.
A recent Northern Ireland High Court case has highlighted challenges that can be faced when a specification is changed.
The court heard how new-build apartments in Newtonards, Northern Ireland, had been specified with a BBA-approved full tanking solution with an insurance-backed warranty. However, a quantity surveying error costed less than a quarter of the required product, leading to a specification switch to a cheaper, partially tanked solution.
