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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Has a contract been formed?
April 2010The RTS Flexible Systems case (Supreme Court, March 2010) illustrates the problems that can occur if the terms of a contract have not been agreed before work starts. Christopher Cullen reports on this case. Location: UK
CML Certificates: But you said it was fine!
March 2010Claims are coming in against consultants who have signed the Council of Mortgage Lenders’ standard form certificate. Rachel Barnes considers the dangers inherent in these certificates. Location: UK
Third Parties (Rights Against Insurers) Act 2010
March 2010On 25 March 2010, the Third Parties (Rights against Insurers) Act 2010 (“the Act”) received Royal Assent. Although the Act was expected to come into force in April 2011, this has not happened to date. The following article briefly identifies and comments on the key differences between the Act and its predecessor, the Third Parties… Read More >
Amendments to the Construction Act: Update
March 2010In December 2008 we summarised the Bill which proposed various amendments to the Construction Act. After some last minute ‘tweaks’ in the House of Commons, the Bill has now passed into legislation, receiving Royal Assent on 12 November 2009. This note provides details of the last minute changes to the Bill before it was passed… Read More >
The consequences of making a misrepresentation
February 2010The judgement in the EDS v BSkyB case handed down on 26 January is a useful reminder of the dire consequences that can result from a fraudulent misrepresentation made in order to promote a bid and that limitation of liability clauses will not apply to the damages payable as a result. For a short résumé… Read More >
Building Information Modelling
January 2010The use of Building Information Modelling (BIM) in the US was the subject of a paper presented at a recent international conference in London. The author suggested that BIM is being widely adopted for complex projects but that its use is being held back by problems of a business or legal nature, particularly problems affecting… Read More >
The Jackson Review of Civil Litigation Costs
January 2010Lord Justice Jackson yesterday published his final report into costs in civil litigation. The report is detailed and substantial extending to over 550 pages and will no doubt be the subject of considerable debate in the legal profession in the coming weeks. We have prepared a paper in which we briefly analyse the impact of… Read More >
A warning to surveyors: remind your client of impending deadlines
January 2010This note provides a summary of the recent decision in the case of Littlewood v Radford and Boston where the Court of Appeal found that a firm of surveyors had a duty to remind a client of an important deadline, notwithstanding that they had previously notified the client of the deadline, and had advised that… Read More >
Evidence: In? Out? Can an adjudicator shake it all about?
January 2010The recent TCC case of Jacques v Ensign provides a useful summary of the Court's application of the concept of natural justice to adjudication proceedings. Read on for further details. Location: UK
Rights to consultants’ documents
January 2010Consultants are more frequently being required in their appointments to deliver up their drawings and documents to the client – on suspension and/or on termination, for whatever cause. Such clauses need to be considered carefully as they could give the client rights to documents which they would not have unless they brought a claim or… Read More >