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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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Trading in the Twilight Zone – When does the Creditor Duty arise for Company Directors? A round-up of the recent cases applying the Supreme Court decision in Sequana.
March 2023Introduction: On 5 October 2022, the Supreme Court delivered a landmark judgement in BTI 2014 LLC v Sequana SA [2022]. The decision is the first from the Supreme Court to address when, and in what circumstances, company directors owe a duty to consider the interests of the company’s creditors (‘’the creditor duty’’). The creditor duty… Read More >
Terms and Conditions Update
March 2023There have been some key developments in the UK and global markets over the past year that have had a knock-on effect on the construction industry. There have also been some key legal developments with more to come very soon. We think that it is important to consider whether to update your standard terms and conditions… Read More >
NEC PUBLISHES NEW AMENDMENTS TO THE NEC4 SUITE OF CONTRACTS
February 2023Earlier this month, NEC published its latest amendments to the NEC4 suite of contracts. The updates, which cover topics ranging from climate change to limits of liability, bring about a host of useful changes, which demonstrate the NEC’s commitment to ensuring that its contracts adapt to meet the needs of the industry post-Covid. In this… Read More >
Protecting people and places: HSE Strategy 2022 to 2032
February 2023The HSE has faced growing responsibilities following its appointment as the Building Safety Regulator (“BSR”) and enhanced chemical regulation role post-Brexit. These new responsibilities combined with external factors, such as new technologies in the workplace, the government’s net zero agenda commitment and the growing gig economy, have required the HSE to evaluate how it intends… Read More >
Drafting for a greener future
February 2023Tim Kittow and Harry Coates welcome the benefits that the increasing amount of ‘green drafting’ of construction contracts will deliver, but caution that there are potential risks associated that must be appreciated from the outset. This was first published by Construction Law October 2022. CL Oct 2022Beale
Brokers (and Insurers) – Are you prepared for Product Governance Interventions?
February 2023In October 2022, the Product Governance (“PROD”) Rules, implemented by the Financial Conduct Authority, officially came into force for insurers and brokers in the UK. https://www.fca.org.uk/publications/policy-statements/ps21-11-general-insurance-pricing-practices-amendments The newly introduced rules follow a long line of product governance guidance and interventions from the FCA into pricing levels within the insurance market. They supersede the “General insurance… Read More >
REPORTS FROM THE COURTS
February 2023Our regular round up of court decisions of most interest to construction from Andrew Croft and Ben Spannuth looks at a case showing why Parties should take care when seeking to place reliance on previous adjudication decisions; and another judgment which should be taken as a reminder to parties to take care when entering into… Read More >
The implications for property agent remuneration of Barton v Morris [2023] UKSC 3
February 2023This recent decision of the UK Supreme Court raises an issue of real importance for professionals whose income relies on the payment of commissions. Where it has been expressly agreed that an agent should receive a specific fee for achieving a particular outcome, in what circumstances might they still be entitled to some remuneration where… Read More >
The Return of Lender Claims?
February 2023Introduction There was an influx of claims against valuation surveyors in the early 2010s largely as a result of the financial crisis. Increasing numbers of borrowers were unable to pay back loans and lenders were unable to recoup their losses by selling borrowers’ repossessed properties due to the sharp decline in the property market. Lenders… Read More >
Buyer-funded development: buyers’ claim against developer’s solicitors denied
February 2023Since the 2008 financial crisis, developers have found it increasingly difficult to secure project finance from commercial lenders, meaning they had to turn to alternative finance methods. Once such method is buyer-funded developments. Three words that strike fear into the heart of all solicitors PII insurers… A buyer-funded development is a property development which is… Read More >