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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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Modernising and cementing the attractiveness of arbitration in the UK, or further evolution? What you need to know about the Arbitration Bill
May 2024Arbitration is used as an alternative to litigation and typically provides parties with a binding means of resolving domestic or international disputes via effective, confidential, and impartial process. All parties must agree to submit the relevant dispute to arbitration via an arbitration agreement or contractual clause. The Arbitration Act 1996 (“AA 1996”) applies to arbitrations… Read More >
Is Pirelli potentially doomed? The Appeal of URS Corporation Ltd v BDW Trading Ltd
May 2024Overview In December 2023, the Supreme Court granted URS Corporation Ltd permission to appeal the earlier Court of Appeal decision in URS Corporation Ltd v BDW Trading Ltd [2023] EWCA Civ 772. The Appeal is listed for early December 2024 before 7 justices. A core question arising is whether the earlier decision in Pirelli General… Read More >
Is it possible to limit or exclude liability in response to claims under the Defective Premises Act? (1) Brenda Vainker and (2) Francois Vainker v Marbank Construction Limited & Others [2024] EWHC 667 (TCC); Jefford J
May 2024Background facts In 1999, Mr and Mrs Vainker (the “Claimants”) purchased a house that was subsequently demolished in 2003 with the intention to re-build a new residential property known as The Croft at Walpole Gardens, Strawberry Hill, Twickenham (the “Property”). The Property was intended for Mrs Vainker to occupy on her retirement. In 2009, Mrs… Read More >
JCT Design & Build 2024: what you need to know
April 2024We hosted a webinar on 25 April looking at the recently published 2024 edition of the JCT Design & Build Contract (“D&B Contract”) and it was great to see so many of you there. For anyone unable to attend and as a reminder, the key points covered were as follows. Summary The latest changes reflect… Read More >
The EU AI Act: The Implications of the EU’s Artificial Intelligence Regulations for Construction
April 2024Introduction The use of artificial intelligence (AI) within the construction industry is rapidly expanding, driven by its potential to provide operational efficiencies, improve safety, and optimise resource management. The EU AI Act, recently ratified by the European Parliament and set for formal adoption by the EU shortly, introduces stringent regulations around the use of AI… Read More >
The EU AI Act: Consequences for Insurers from Europe’s Lead in Regulating AI
April 2024Introduction As the pace of the digital transformation intensifies, the insurance industry increasingly relies on artificial intelligence (AI) to enhance operational efficiency, tailor pricing models, and combat fraud. The recent ratification of the EU AI Act by the European Parliament heralds a significant overhaul of the regulatory environment governing AI use, both within the European… Read More >
High Court provides marginal gains for valuers
April 2024The High Court’s decision in Rowland Philip Bratt v Nigel Lawson Jones [2024] EWHC 631 (Ch), the second welcome decision for property valuers in recent months (following the case of Hope Capital v Alexander Reece Thomson [2023] EWHC 2389 (KB)), clarifies the function of the reasonable ‘bracket’ or ‘margin of error’ in determining liability in… Read More >
Senior Swiss Women Pave The Way! Landmark ruling confirms that insufficient climate action taken by a government also violates humans rights. Corporates next ?
April 2024The Grand Chamber of the European Court of Human Rights (“European Court”) delivered an important ruling earlier last week when it confirmed that a government was obligated to take action to meet its climate targets under human rights law. It is thought that this landmark decision could prompt further environmental activism internationally and help to… Read More >
Principal Designer (Building Safety Act 2022) – Six Months On
April 2024It is now six months since the role of the Principal Designer came into force under the Building Safety Act 2022 and associated secondary legislation[1]. As this role begins to become adopted and market standard in the industry, what have we learnt so far? Industry Approach Initial appetite to take on this Principal Designer role… Read More >
Willmott Dixon v Prater and others – Claim No. HT-2022-000409
March 2024Case Report Building Liability Orders – Important new guidance from the Court Overview: On 21 March 2024, Mrs Justice Jefford delivered an ex tempore Judgment in the Technology and Construction Court on an application brought by various Lindner Group companies regarding Part 20 claims brought by AECOM Infrastructure & Environment UK Ltd (“AECOM”) for Building… Read More >