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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Court of Appeal on Trading Debts Exclusion
February 2015This week the Court of Appeal has unfortunately overturned the first instance decision in Impact Funding Solutions v (1) Barrington Support Services (2) AIG Europe. To read more please click on the link below
Rail Industry – Full Steam Ahead?
January 2015Ben Mullard and Jennifer Webb examine the burgeoning and fast changing railway projects market, where a new stress on collaborative working is bringing alliancing contracts to the fore. The drive towards the use of Building Information Modelling is also having an impact. This article first appeard in Construction Law January/February 2015. To read more please… Read More >
Reports from the courts – January/February 2015
January 2015In the latest reports from the courts Andrew Croft and Jennifer Webb focus on a Scottish court ruling with relevance for adjudication in England; and on a rare example of a dispute under FIDIC contracts coming to the courts. This article first appeard in Construction Law January/February 2015. To read more please click on the link… Read More >
Lodge v Dignity & Choice in Dying & Anor
January 2015When staff go overseas to work, will they still have employment rights under the Employment Rights Act 1996 in Great Britain and the right to bring claims in an Employment Tribunal? To read more please click on the link below.
Draft Construction (Design and Management) Regulations 2015 now published – A closer look at some of the changes
January 2015The new draft Construction (Design and Management) Regulations 2015 (“CDM Regulations 2015”) and accompanying guidance were published on 9 January 2015 and are expected to come into force on 6 April 2015. Given the significant number of changes the introduction of the CDM Regulations 2015 will bring, duty holders will need to get up to… Read More >
Loss of Profit: Direct or Indirect Loss?
January 2015In Polypearl Ltd v E.ON Energy Solutions Ltd [2014] EWHC 3045 (QB) the High Court held that an exclusion clause failed to exclude direct loss of profit. This case is a useful reminder that exclusion clauses must be expressed clearly and without ambiguity. To read more please click on the link below.
Draft Construction (Design and Management) Regulations 2015 (“CDM Regulations 2015”)
January 2015Following the Health and Safety Executive’s (“HSE”) report on its public consultation into the proposed consultative draft CDM Regulations last year, the HSE has now published draft CDM Regulations 2015 and accompanying guidance. To read more please click on the link below
Civil Liability (Contribution) Act 1978
December 2014The Court of Appeal in Chief Constable of Hampshire Constabulary v Southampton City Council [2014] EWCA Civ 1541 has provided helpful guidance on when the limitation period starts to run in a claim for indemnity/contribution under the Civil Liabilities (Contribution) Act 1978. To read more please click on the link below
Tougher Penalties proposed for corporate manslaughter & health and safety offenses
December 2014On 13 November 2014, the Sentencing Council (“SC”) published for public consultation draft sentencing guidelines for corporate manslaughter, health and safety (irrespective of whether it was causative of death) and food safety offences. To read more please click on the link below
Mortgage Credit Directive
December 2014Recent legislation enacted by the european institutions in relation to the regulation of credit intermediaries has now imposed a minimum level of Professional Indemnity Insurance (PII) for credit intermediaries in the EU. The legislation also provides that this minimum level of PII is to be kept under review and increased if necessary. Plese click on… Read More >