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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Safety obligations: common law liability
June 2011Rachel Barnes considers the extent of an employer's duty to protect employees against personal injury under the health and safety legislation in an article published in Building on 17 June 2011. A recent Supreme Court case indicates that this statutory duty is no stricter than the common law liability. Location: UK
Due Date: debt collection after the tiger has bolted
June 2011In the era of the once-mighty Celtic Tiger, one might have been forgiven for allowing outstanding debts to build up around one's practice, given the volume of work being contended with. However, the recent downturn in the Irish economy has led every business to entirely depend on its cash flow for survival. It is more… Read More >
Irish Solicitors Professional Indemnity Insurance
June 2011Half way through the 2010 – 2011 year of insurance two major issues have caused extensive debate in the Irish solicitors profession generally and amongst professional indemnity underwriters in particular. The first issue is the financial collapse of the SMDF which until recently was the largest insurer of Irish solicitors and last year still accounted… Read More >
Amendments to the Construction Act and Scheme for Construction Contracts
June 2011Rachel Barnes and Nick Gillies provide an update on the legislative process for amending the Construction Act and Scheme. Location: UK
Good news for valuers and their insurers: The Court of Appeal decision in Scullion v Bank of Scotland
June 2011It has been established since the case of Smith v Eric S Bush [1990] 1 AC 831 that when valuing a “dwelling house of modest value” for a building society or local authority, a surveyor may owe a duty of care to the residential purchaser of that property if the surveyor was aware that there… Read More >
Construction Contracts Bill 2010- Update
June 2011In our previous report on the Construction Contracts Bill in August 2010 we commented on the first draft of the Bill. Since then this private members Bill promoted by Senator Fergal Quinn has been amended and was passed on the 8 March 2011 in the Seanad. It is currently with the Department of Finance before… Read More >
Proceeds of Crime Act
May 2011Rachel Barnes' article in Building on 20 May 2011 seeks to allay earlier concerns that the Proceeds of Crime Act could apply to certain sorts of payment under construction contracts. Two recent cases indicate that the scope of the Act may not be as wide as was feared. Location: UK
Payment Protection Insurance: The 'Root Cause' of Concern for Providers
May 2011The British Bankers Association (BBA) recently lost its challenge by judicial review to new regulatory provisions imposed by the Financial Services Authority regarding complaints about the sale of Payment Protection Insurance (PPI). The ramifications of the decision, not just for banks, but for all providers/sellers of PPI insurance could amount to as much as £2.5bn… Read More >
Expert Witness’ Immunity Abolished
April 2011In a landmark decision handed down on 30 March 2011, a majority of the Supreme Court has decided that the immunity from suit for breach of duty enjoyed by expert witnesses instructed in legal proceedings, which dates back over 400 years, should be abolished. Joe Eizenberg and Kristina Vongas highlight the implications of the decision.… Read More >
Scope of quantity surveyor’s duty of care when valuing construction works – Dhamija & Anr v Sunningdale Joineries Ltd & Ors
March 2011In the case of Dhamija & Anr v Sunningdale Joineries Ltd & Ors [2010] EWHC 2396 (TCC) the TCC considered whether a quantity surveyor owed a duty to only value work that had been properly executed by the contractor and was not obviously defective. The TCC refused to imply such a positive obligation on the… Read More >