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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FSO Procedure: Directions by the Court?
March 2016A recent decision of the High Court, in O’Shea v The Financial Services Ombudsman[1], is notable for being a rare instance of the High Court (implicitly) finding that the Financial Services Ombudsman (“FSO”) came to an incorrect conclusion as part of an overall determination reached by the FSO in respect of a complaint brought by… Read More >
Irish High Court confirms that failure to comply with any condition precedent in an insurance policy is a ground for declinature
March 2016In a recent case the High Court has held that an Insurer may repudiate an insurance policy for failure to comply with a condition precedent even in situations where the failure to comply with the condition precedent has in no way contributed to the cause of the loss. Where an Insurer seeks to decline cover… Read More >
Brexit: Be careful what you vote for
March 2016Senior Partner Antony Smith looks at the legal implications for the UK leaving the EU and what the impact will be on the construction industry in his article for Infrastructure Intelligence. What will happen with the law if there is a ‘No’ vote and what benefits of the current system for construction could be lost/reduced… Read More >
Solicitors’ negligence when sending a trainee to Court to assist counsel
February 2016Lisa Henty and Adam Ifield comment on the recent case of Dunhill v (1) W Brook & Co (2) Crossley [2016] EWHC 165 (QB) and how the Court considered the negligence of a firm of solicitors and counsel for settling at an undervalue. To read the full article, please click on the link below.
Liability only Part 36 offers and indemnity costs
February 2016In this article, Giles Tagg provides comment on the recent case of Jockey Club Racecourse Ltd v Willmott Dixon Construction Ltd, in which Mr Justice Edwards-Stuart considered the issue of liability only Part 36 offers in the context of an application for indemnity costs. The outcome highlights the need for parties in litigation to conduct… Read More >
Iran – New Opportunities and Continuing Risks
February 2016Antony Smith comments on the recent suspension of UN and EU nuclear related sanctions against Iran and highlights some of the risks that face businesses operating in the country. To read the full article, please click on the link below.
Byte – Sized Regular Updates on Cyber Liability Issues
February 2016In our regular update on cyber liability issues, James Hutchinson looks at recent developments within the cyber industry and comments on the deal that has been reached between the EU and the US to replace Safe Harbour. To read the full article, please click on the link below.
Health & Safety fines – update from recent case law and consideration of the impact of the new sentencing guidelines
February 2016The new sentencing guidelines for health and safety offences came into force on 1 February 2016. In advance, two £1 million fines were handed down to Balfour Beatty Civil Engineering Limited and National Grid Gas for separate offences under the Health and Safety at Work etc. Act 1974 (HSAWA). James Vernon and Richard Morgan summarises… Read More >
Testing trials
February 2016Two new schemes are being tested by some of the Rolls Building courts, including the TCC. Could they offer cost savings on selected construction law cases? Sheena Sood discusses in her article published by Building.
JCT releases practice note on BIM
February 2016Andrew Croft and Natalie Ledger of Beale & Company provide comment on the BIM Practice Note recently released by the Joint Contracts Tribunal (JCT). To read the full article, please click on the link below.