Articles
Our lawyers contribute regularly to industry and legal journals in addition to writing legal briefings, newsletters and case reports for clients and contacts. All of our articles are free to read and download here.
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An Expert Switch
November 2016Recent case law confirms the courts’ approach to parties changing from one expert witness to another and whether the first opinion sought should be disclosed to the court. Sheena Sood discusses further in her article for Building.
New Pre-action Protocol for Construction and Engineering Disputes now in force
November 2016The Master of the Rolls has approved the New Pre-action Protocol for Construction and Engineering Disputes which came into force from 14 November 2016. In this article we highlight some of the key changes made to the Pre-Action Protocol.
‘New’ Pre-action Protocol for Construction and Engineering Disputes
November 2016Modifications introduced in the New Pre-Action Protocol, which is expected to come into force today, aims to encourage early and fair resolution of construction and engineering disputes without disproportionate costs being incurred. In this article Ian Masser, Giles Tagg and SImii Sivapalan highlight the key changes in the New Protocol and provide comment on its… Read More >
Unmanned Aerial Devices – Drones
November 2016Unmanned Aerial Devices, such as drones, are increasingly being used in the construction industry, due to the relatively easy access to large sites, and tall or complex structures. In the UK there is a strict legal framework which applies to the use of drones which those in the construction industry may not be familiar with.… Read More >
Cyber Update: Byte-Sized Regular Updates on Cyber Liability Issues
November 2016In our regular update on cyber liability issues, James Hutchinson discusses the recent Tesco Bank hack, the UK opting in to the General Data Protection Regulation, record fines for Talk Talk following their data breach late last year and the European Commission’s guidance on cybersecurity for the financial sector, published last month.
Contract formation and terms – know the limits
November 2016In this article, Giles Tagg and Jon Quirk discuss the recent court ruling in Arcadis Consulting (UK) Limited v AMEC (BSC) Limited [2016] EWHC. The Court found that it could not imply a limitation of liability clause into the contractual agreement between the parties because negotiations over terms were still on-going. This ruling constitutes a… Read More >
Supreme Court reinstates Insurer’s reliance on trading debt exclusion
October 2016The Supreme Court has overturned the Court of Appeal and allowed Insurers to exclude cover under the Solicitors Minimum Terms through applying the trading debts exclusion in Impact Funding Solutions Limited v AIG Europe Insurance. As well as being of significant interest to Insurers of Solicitors, this case is also of wider interest to all… Read More >
Conducting arbitration in Dubai, UAE: further developments
October 2016Arbitration is commonly chosen by parties in the construction industry in Dubai as the forum for resolution of disputes. The two leading arbitration institutions are the Dubai International Arbitration Centre (DIAC) and the DIFC-LCIA Arbitration Centre, who on 20 September 2016, entered into a MoU for mutual corporation with an aim to further enhance their… Read More >
Court of Appeal judgment highlights importance of effective internal reporting procedures in relation to adverse events
October 2016The recent Court of Appeal judgment in Howmet Limited v Economy Devices Limited [August 2016] has highlighted the importance of ensuring that any health and safety incidents and other unforeseen adverse events which occur on site or the factory floor are reported up the line through the company hierarchy so that appropriate steps can be… Read More >
Payment Reporting Obligations Coming into Force April
October 2016The Department for Business, Energy and Industrial Strategy (“BEIS”) recently announced that the obligation to report on payment practices under the Small Business, Enterprise and Employment Act 2015 will come into force on 6 April 2017, for financial years starting after that date, with the regulations due to be laid in early 2017. Andrew Croft… Read More >