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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When is a delay so inordinate and inexcusable that the balance of justice favours striking out a claim?
April 2015A recent decision of the newly-established Court of Appeal, in Tom Tanner v Aidan O’Donovan and Elaine O’Donovan trading as Construction Design Studio and Timothy P Murphy has confirmed the approach that will be adopted by Irish Courts when determining when a Defendant is entitled to have proceedings that have been issued against them struck… Read More >
MW High Tech Projects UK Ltd v Haase Environmental Consulting GmbH [2015]
April 2015Consultant may be liable for non-negligent breach of strict obligations in an appointment notwithstanding that they are subject to an over-arching obligation to use “reasonable skill and care” In this case, the court had to consider the terms of an appointment which required the consultant to use reasonable skill and care on the one hand,… Read More >
The Financial Services Ombudsman: An Insight into the Determinations Process & Examination of Recent Trends
March 2015Two 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?
March 2015In 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
March 2015Sarah 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
March 2015On 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
March 2015Tom 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
March 2015In 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
March 2015We 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
March 2015How 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 >