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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Third Parties (Rights against Insurers) Act 2010 – Disclosure Obligations
June 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. One of the key changes implemented by the Act is the clarification of the regime governing a Claimant's ability to… Read More >
The Provision of Services Regulations 2009
June 2010The Provision of Services Regulations 2009 came into force on 28 December 2009. They require most professionals to provide certain information to their clients, including information about professional indemnity insurance if the professional is required to hold such insurance. Joe Eizenberg considers the requirements concerning professional indemnity insurance. Location: UK
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 >
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 >