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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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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 >
Fines Imposed by the OFT Dramatically Slashed by the Competition Appeals Tribunal
March 2011In a landmark ruling by the Competition Appeals Tribunal (CAT), heavy fines imposed for cover pricing by the Office of Fair Trading (OFT) in 2009, have been significantly reduced. In its judgment, the CAT has cited proportionality among the reasons for its decision to reduce the penalties affecting a number of contractors, many of whom… Read More >
Crisis in Libya
February 2011Press reports over the weekend have reported on widespread anti-government protests taking place across Libya which have now spread to the capital Tripoli. This could result in a key market for British construction expertise turning into a financial and legal catastrophe. James Hutchinson provides some guidance on mitigating risks for constructions firms who are active… Read More >
Robinson v Jones
February 2011The case of Robinson v P E Jones (Contractors) Limited decided on 18 January this year considered the question of whether a claim in tort for negligence as well as a claim for breach of contract could be brought against contractors and highlights the different time limits for each type of claim. Its findings are… Read More >
Guidance on preventing bribery (Bribery Act 2010)
January 2011On 14 September 2010 The Ministry of Justice (“MOJ”) released a ‘Consultation on guidance about commercial organisations preventing bribery.' The consultation closed for public comment on 8 November 2010, with final guidance to be published early in 2011. The draft Guidance produced by the MOJ is not as extensive or definitive as many would have… Read More >
Law Reform Commission Report on Alternative Dispute Resolution
January 2011The Irish Law Reform Commission recently published a Report entitled “Alternative Dispute Resolution: Mediation and Conciliation”. The Law Reform Commission acknowledges the advantages of mediation and conciliation and has recommended that it be placed on a statutory footing to provide a clear framework for medaition and conciliation. Tara Cosgrove and Sean Carr have written a… Read More >