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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The Financial Services Ombudsman: An Insight into the Determinations Process & Examination of Recent Trends
Two recent decisions of the High Court have provided an insight into the Financial Services Ombudsman (“the Ombudsman”)’s investigation and determination procedures. To read more please click on the link below
Should I have told you about that? – When does a professional have a duty to warn?
In the recent case of Goldswain and Another v Beltec Limited and Another [2015] EWHC 556 Mr Justice Akenhead considered the circumstances in which a professional engineer has a duty to warn a contractor (or home owner) of problems with the way the contractor is carrying out work. To read more please click on the… Read More >
Risk Management & How to Avoid Claims Before They Arise
Sarah Conroy and Mary Smith outline steps Practices can take to assist in minimising the risk of exposure to professional negligence claims from clients. Disputes with clients and/or third parties can arise for a number of reasons andat any time. Claims against professional advisors such as auditors, accountants and tax advisors tend to increase particularly… Read More >
Government Announce Major Crackdown on Professionals who Assist Clients in Tax Evasion – New Criminal Sanctions Introduced
On 19 March 2015, the Government announced proposed new criminal offences to tackle tax evasion, which were formally announced in the Chief Secretary to the Treasury, Danny Alexander’s “yellow budget” before the House of Commons. To read the full article please click on the link below
Managing Risk in Renewables
Tom Pemberton analyses procurement in the burgeoning renewable energy market, warning that recent case law highlights why contracts have to allocate risk appropriately. This article first appeard in Construction Law March 2015. To read more please click on the link below.
Reports from the courts – March 2015
In our regular round up of cases of most interest to construction Andrew Croft and Jennifer Webb report on a decision that provides guidance on the definition of ‘construction operations’; and one that shows the importance of speedy reaction when an employer fails to serve a pay less notice in time. This article first appeard… Read More >
Annual Legal Review 2014
We are delighted to present to you our Legal Review of 2014. Yet again 2014 has seen a number of important decisions across all areas of professional liability, insurance, construction and procedure. There is something for everyone! We hope you find it informative and if you would like to discuss any of the issues within… Read More >
Case Report: TUPE – One Employee Can Constitute a Service Provision
How small can an organised grouping be for TUPE still to apply? On a business outsourcing, if only one person is affected, this is enough, said the Court of Appeal. Ever since the UK went out on a limb and introduced “service provision change” to be an additional ground where TUPE applies, in addition to… Read More >
“Brevity is the Soul of Wit”
Beware the Sesquipedalian Counsel! William Shakespeare wrote that “Brevity is the soul of wit.” The courts are increasingly in agreement Justice Leggatt’s Commercial Court judgment in the case of Tchenguiz et al –v-Grant Thornton et al Case No: 2014 Folio 1434 will alarm prolix solicitors and Counsel alike. The judgment is far more than a… Read More >
Company Law Update: New Changes Under the Small Business, Enterprise and Employment Bill 2014-15
The draft of the Small Business, Enterprise and Employment Bill has recently been published after the committee stages in the House of Lords. As it stands the proposed legislation makes some significant changes to company law and procedure. The aim of the Bill is to promote greater transparency and accountability in companies. To read more… Read More >