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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What constitutes “a passenger” under the Montreal Convention?
January 2016Sarah Conroy comments on a new decision that has been made by the European Court of Justice clarifying the definition of “passenger”, and how this impacts the Montreal Convention. To read more please click on the link below.
Issue fees and abuse of process – Richard Lewis & Ors v Ward Hadaway (A Firm) [2015] EWHC 3503 (Ch)
January 2016Ed Anderson and Sean Brennan provide insight into a recent decision of the High Court, in Richard Lewis & Ors v Ward Hadaway, which found that the underpayment of Court issue fees is an abuse of process. To read more please click on the link below.
Liquidated Damages and the Penalty Trap
December 2015In this note, Simii Sivapalan and Hilary Tse comment on a Supreme Court Judgement that restated the law on penalties. To read more please click on the link below.
Irish High Court confirms Insurance Intermediaries owe a duty of disclosure to consumers
December 2015In a recent case the Court held that an “insurance intermediary” is not only owed a duty of disclosure by the consumer but the intermediary also owes a duty of disclosure to the consumer[1]. In the current case, this duty was held to include the nature of a relationship with the Insurers as well as… Read More >
Does the Construction (Design and Management) Regulations 2015 have an uncertain future?
December 2015Two months after the CDM 2015 transitional provisions came to an end, Sheena Sood and James Vernon discuss the potential for revisions to the Regulations to be introduced in 2016. To read more please click on the link below
No Approved Code of Practice for the Construction (Design and Management) Regulations 2015?
December 2015The Construction Industry Advisory Committee (“CONIAC”) has published its members’ views on whether the Construction (Design and Management) Regulations (“CDM 2015”) require an Approved Code of Practice (“ACOP”). Sheena Sood and James Vernon discuss the Construction Industry Advisory Committee’s views on the requirement of an ACOP for CDM 2015. To read more please click on… Read More >
Application of Construction Act to a hybrid contract can be a “recipe for confusion”
December 2015In Severfield (UK) Limited v Duro Felguera UK Limited the TCC considered the applicable payment regime under a “hybrid contract” and held that if such a contract does not comply with the Act it will be “a recipe for confusion”. In this article Andrew Croft and Nicholas Smith provide details of the case and possible… Read More >
Reports from the Courts
December 2015In our regular round up of the cases of most interest to construction Andrew Croft and Simii Sivapalan of Beale & Company report on a case showing the courts’ determination not to allow any advantage accruing for non-compliance with the Construction Act or the contract; and one showing how the Act will be applied to… Read More >
Irish High Court provides guidance on applications for dismissal of claims
December 2015A recent decision of Ms Justice Baker in Butler & Butler v Nelson & Co Solicitors has provided guidance on the decision-making process that will be employed when an application is made to dismiss a Plaintiff’s claim for non-suit. In this article, Sarah Conroy and Ruadhan Kenny of Beale & Company, provide analysis of the… Read More >
Largest pay-out in the history of Ireland and the future with Periodic Payment Orders
December 2015In this article Michelle Kilroy and Tomas Mac Gearailt discuss the recent case of Gill Russell (minor suing by his mother and next friend, Karen Russell) v HSE in which the Court of Appeal upheld the High Court decision to award €14.9 million in damages to Gill Russell, the highest in Irish history. The article… Read More >