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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November 2008I am constantly warning consultants against taking on absolute obligations, or indeed any obligation more onerous than to exercise the reasonable skill and care expected of their profession. Location: UK
Switch or ab initio novation – a review of the principles and the liability issues for consultants
October 2008Rachel Barnes' article “Assignment and Novation – as they affect Consulting Engineers” dated February 2003 dealt with the general principles. Since then, the debate in the construction industry has focused on the “switch” and “ab initio” forms. This review provides a guide to these two forms and their liability implications for consultants. Location: UK
Farewell to Financial Assistance … Almost
September 2008Companies involved in acquisitions or looking to restructure should celebrate the imminent demise of the prohibition on financial assistance including the whitewash procedure. The Companies Act 1985 prohibits companies from giving financial assistance for the purchase of shares in themselves but this will be repealed by the Companies Act 2006 in relation to private companies,… Read More >
A False Friend
September 2008In a recent article (13 June 2008, page 70) Tony Bingham enthusiastically welcomed the RICS standard and short forms of contracts for appointing consultants, and the clarity of the tick-box approach as a means of identifying what quantity surveyors and others are supposed to do. However, there are matters in the conditions to the standard… Read More >
Briefing Note on the Section 75 debt and the Pensions Trust Growth
July 2008The introduction of the Occupational Pension Schemes (Employer Debt) (Amendment) etc Regulations 2008 with effect from 6 April 2008 continues to highlight potential problems with the Section 75 debt on the employer and the Growth Plan administered by the Pensions Trust. Location: UK
A Slippery Slope
July 2008A recent order by a judge for a party to reveal its insurance details has sparked concern that such information could be requested all the time. In turn, this could lead to prejudice against the party that has to reveal this information in any further negotiations. Location: UK
Cover Confidential
July 2008This article examines West London Pipeline, June 2008, where the court declined to order disclosure of insurance details – departing from a decision in 2007 (Harcourt) where disclosure was ordered and is a follow-up to our piece on the Harcourt decision in 2007. The article will be of interest to the same readers. Location: UK
Legal Review: January to June 2008
July 2008Several of the cases on which we reported in our 2007 Annual Review have been considered and, in some instances, overturned by the Court of Appeal since last December. Some cases of importance have also been decided during the first six months of this year. We have therefore published a half-yearly Legal Review.
The Site Waste Management Plans Regulations 2008
June 2008From 6 April 2008 all construction projects in England with a value exceeding £300,000 must produce a Site Waste Management Plan or risk incurring penalties. Location: UK
Strictly speaking
May 2008This article considers the distinction between strict and absolute liability offences, particularly in a health and safety context. Location: UK