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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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RECENT COURT DECISION HIGHLIGHTING CONDITION PRECEDENT ENFORCEMENT DIFFICULTIES FOR INSURERS AND NO REMEDY FOR BREACH OF DUTY OF FAIR PRESENTATION
May 2024The Judgment in Scotbeef Limited v (1) D&S Storage Limited (In Liquidation) and (2) Lonham Group Ltd [2024] EWHC 341 (TCC) interest to insurers and insured entities because the Judge considered two issues at the heart of many coverage disputes: (1) inducement of the underwriter when there had been a breach of duty of fair presentation… Read More >
Part 8 Guidance: are the facts clear? ISG Retail Ltd v FK Construction Ltd [2024] EWHC 878 (TCC)
May 2024The Technology and Construction Court recently provided further judicial guidance on when the alternative procedure in Part 8 of the Civil Procedure Rules (“CPR”) can be used. Part 8 provides for a straightforward and quicker determination procedure when compared to the claims process more commonly followed under Part 7 CPR (save for adjudication enforcement business).… Read More >
Professional Indemnity and Directors’ & Officers’ Liability – ESG Trends in the USA “When America sneezes, the rest of the world catches the cold”
May 2024Ross Baker and Nathan Penny-Larter – Beale & Co Partners and FOIL SFT members We attended the extremely informative Directors & Officers Symposium in New York in March 2024 organised by the Professional Liability Underwriting Society with nearly one thousand underwriters and claims personnel (including around 60 from London) in attendance. We wanted to provide… Read More >
Modernising and cementing the attractiveness of arbitration in the UK, or further evolution? What you need to know about the Arbitration Bill
May 2024Arbitration is used as an alternative to litigation and typically provides parties with a binding means of resolving domestic or international disputes via effective, confidential, and impartial process. All parties must agree to submit the relevant dispute to arbitration via an arbitration agreement or contractual clause. The Arbitration Act 1996 (“AA 1996”) applies to arbitrations… Read More >
Is Pirelli potentially doomed? The Appeal of URS Corporation Ltd v BDW Trading Ltd
May 2024Overview In December 2023, the Supreme Court granted URS Corporation Ltd permission to appeal the earlier Court of Appeal decision in URS Corporation Ltd v BDW Trading Ltd [2023] EWCA Civ 772. The Appeal is listed for early December 2024 before 7 justices. A core question arising is whether the earlier decision in Pirelli General… Read More >
Is it possible to limit or exclude liability in response to claims under the Defective Premises Act? (1) Brenda Vainker and (2) Francois Vainker v Marbank Construction Limited & Others [2024] EWHC 667 (TCC); Jefford J
May 2024Background facts In 1999, Mr and Mrs Vainker (the “Claimants”) purchased a house that was subsequently demolished in 2003 with the intention to re-build a new residential property known as The Croft at Walpole Gardens, Strawberry Hill, Twickenham (the “Property”). The Property was intended for Mrs Vainker to occupy on her retirement. In 2009, Mrs… Read More >
JCT Design & Build 2024: what you need to know
April 2024We hosted a webinar on 25 April looking at the recently published 2024 edition of the JCT Design & Build Contract (“D&B Contract”) and it was great to see so many of you there. For anyone unable to attend and as a reminder, the key points covered were as follows. Summary The latest changes reflect… Read More >
The EU AI Act: The Implications of the EU’s Artificial Intelligence Regulations for Construction
April 2024Introduction The use of artificial intelligence (AI) within the construction industry is rapidly expanding, driven by its potential to provide operational efficiencies, improve safety, and optimise resource management. The EU AI Act, recently ratified by the European Parliament and set for formal adoption by the EU shortly, introduces stringent regulations around the use of AI… Read More >
The EU AI Act: Consequences for Insurers from Europe’s Lead in Regulating AI
April 2024Introduction As the pace of the digital transformation intensifies, the insurance industry increasingly relies on artificial intelligence (AI) to enhance operational efficiency, tailor pricing models, and combat fraud. The recent ratification of the EU AI Act by the European Parliament heralds a significant overhaul of the regulatory environment governing AI use, both within the European… Read More >
High Court provides marginal gains for valuers
April 2024The High Court’s decision in Rowland Philip Bratt v Nigel Lawson Jones [2024] EWHC 631 (Ch), the second welcome decision for property valuers in recent months (following the case of Hope Capital v Alexander Reece Thomson [2023] EWHC 2389 (KB)), clarifies the function of the reasonable ‘bracket’ or ‘margin of error’ in determining liability in… Read More >