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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New Rules in relation to Disclosure
May 2013A raft of new civil procedure rules took effect on 1 April 2013 following the Jackson Report in an attempt to reduce the cost of litigation. The changes include new rules in relation to disclosure, which are summarised in this article.
Reports from the courts – May 2013
May 2013In our regular round up of the court judgments of most interest to construction from Will Buckby and Andrew Croft of Beale & Company the TCC agrees with a Disputes Review Board decision in rejecting an appeal; and one where the judge recommended an extension of adjudication to contractsinvolving residential occupiers.
RIBA Plan of Work 2013 – A Step Forward for a 50 year old institution
May 2013On 21 May 2013 the RIBA Plan of Work 2013 (“2013 Plan of Work”) was published. This is a substantial overhaul of the RIBA Plan of Work, which was first published in 1963 and has since underpinned the way in which the design process is structured across the construction industry. It is a big step… Read More >
(Pot)holes in the Highways Agency’s MAC Contract?
April 2013In the recent case of Atkins Ltd v Secretary of State for Transport [2013] EWHC 139, Akenhead J in the Technology and Construction Court considered whether the existence of an excessive number of potholes constituted a compensation event under the Highways Agency Managing Agent and Contractor Contract (the “MAC”).
Irish Arbitration Act 2010
April 2013The Irish Courts have traditionally refused to stay proceedings in circumstances where a significant “step” has been taken by one of the parties in court proceedings. A recent decision of Mr Justice Hogan in the Irish High Court addresses the issue of what constitutes a “step” in proceedings sufficient to prevent a party from relying… Read More >
Pyrite Resolution Board Update
April 2013In December 2012 the Minister for the Environment, Phil Hogan, established a Pyrite Resolution Board (PRB) to oversee the implementation of a comprehensive remediation scheme for private dwellings affected by significant pyrite heave. The Board is now fully constituted and comprises John O’Connor (Chairman), Caroline Gill, Paul Forde, Sean Balfe, and Matt Gallagher. They held… Read More >
Net contribution clauses under the spotlight
April 2013There has been little reported case law dealing with net contribution clauses. On the basis of this, there has been some debate as to whether, or how, they would be enforced. This articles looks at some recent cases that have attracted attention.
The Jackson Reforms and implications for the TCC
April 2013The Jackson Reforms came into force on 1 April 2013. In this article we outline some of the particular issues to look out for in relation to disputes in the Technology and Construction Court (TCC).
O ye of little faith
April 2013A recent Court of Appeal case confirms the traditional English hostility to a general doctrine of good faith in the performance of contracts. Rupert Choat looked at the sort of terms that could be implied in construction contracts, one of which was a duty of good faith. As this concept has given rise to conflicting… Read More >
Changes to Part 36 – Offers to settle
April 2013The Jackson Reforms, which came into force on 1 April 2013, have made some substantial changes to the Part 36 regime. The Civil Procedure (Amendment) Rules 2013 (SI 2013/262) introduce a revised CPR 36.14(3) which applies to Part 36 offers made on or after 1 April 2013 and which provide an additional incentive for claimants… Read More >