Back to basics with testamentary capacity
6 October 2015 marks the end of the six-month transitional period under the CDM Regulations 2015, which was granted by legislators to Clients (i.e. persons “for whom a project is carried out”) to allow them to replace CDM Co-ordinators appointed prior to 6 April 2015. As of 6 October 2015, the role of the CDM Co-ordinator (pursuant to the CDM Regulations 2007) ceases to exist. All Clients must have terminated any CDM Co-ordinators appointments and brought Principal Designers (“PD”) on-board. Please note that Principal Designers must be appointed in writing for projects with more than one contractor (this may mean one main contractor and a sub-contractor) (see regulation 5.1).
The recent decision of Mr Justice Akenhead in Henia and Beck Interiors ( EWHC 2433 (TCC)), provides some helpful guidance regarding the validity of Interim Applications for Payment and Pay Less Notices
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