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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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Saudi Centre for Commercial Arbitration Confirms a Party’s Freedom to Choose Their Representation Before Arbitral Tribunals
September 2022Over the last few years, the Kingdom of Saudi Arabia has introduced a number of legal reforms functioning to facilitate business and attract both local and foreign investments to the Nation. Arbitration is no exception, and in an effort to further support the Kingdom’s “Vision 2030” initiative, the Saudi Centre for Commercial Arbitration (‘SCCA’), in… Read More >
Knowledge is Power – Limitation Defences under section 14A Limitation Act 1980
August 2022As those familiar with professional negligence claims will know, limitation is often an important – but complicated – issue in such claims. If a claim is time-barred it can be a complete defence to the losses claimed, which can be very valuable for professional services firms and their insurers. Usually a claim must be brought… Read More >
Suits you, sir – the new FCA Consumer Duty
August 2022At the end of last month, the Financial Conduct Authority (“the FCA”) confirmed its plans to introduce the new “Consumer Duty” in Policy Statement PS22/9 (together with Finalised non-Handbook Guidance FG22/5). The consumer Duty sets a higher standard for firms when dealing with consumers, and requires them to put customers’ needs first. This followed an… Read More >
AR they fit for purpose, Part 2: the FCA publishes its improvements to the Appointed Representative regime
August 2022Last month, we reported on the Financial Conduct Authority (“the FCA”)’s recent activity in the field of Appointed Representatives (“ARs”). In particular, we discussed the FCA’s growing concerns about the AR regime, and the action that it has recently taken to consult on changes to that regime. This action is in keeping with the FCA’s… Read More >
NEC publishes final version of new X29 secondary Option to help tackle climate change; a very encouraging development, but, as always, the devil is in the detail
August 2022In April of this year, we highlighted that NEC had released a new secondary Option clause X29 (Climate Change), for consultation, that was to be used with the NEC4 Engineering and Consultancy Contract (the “ECC”). After the period of consultation which ended on 13 May 2022, the clause has now been published across the full… Read More >
Tsiu v Campbell Catering Ltd [2022] IEHC 391 – When is a Defendant Estopped from Relying on a Plea of Statute Bar?
August 2022In the recent Irish High Court case of Tsiu v Campbell Catering Ltd[1] a Defendant which had admitted liability and sought to settle a personal injury claim was estopped from relying on the Statute of Limitations. The decision provides clarity on the “added facts” beyond an admission of liability which are necessary to estop reliance… Read More >
Global Vantage: Avoiding a costly trial and the jurisdictional race to early settlement
August 2022It has been over 25 years since the Lord Woolf reform into the civil procedure process, which brought about the introduction of the Civil Procedure Rules 1998 and the pre-action protocol process, requiring cooperation among parties prior to any legal action commencing. Recently, the Civil Justice Council commissioned a report on compulsory mediation, finding that… Read More >
Standard Form Alliancing Contracts – Failure to Launch?
August 2022Alliancing contracts are a form of project partnering which gained popularity in the 1990’s[1] as an alternative to traditional ‘lowest price wins’ tendering. Whilst the 2007-2009 recession dealt a blow to the popularity of alliancing contracts, since then the market has developed, and there are now several standard form alliancing and partnering contracts available: TAC-1… Read More >
What next for the Government’s Net Zero Strategy?
July 2022Early last week, as the UK faced its hottest ever day on record, the High Court handed down an historic judgment in the case of (1) Friends of the Earth Limited (ii) ClientEarth (iii) Good Law Project and Joanna Wheatley v Secretary of State for Business, Energy and Industrial Strategy [2022] EWHC 1831 (Admin), ruling… Read More >
AR they fit for purpose? The FCA overhauls the Appointed Representative regime
July 2022Published on 19 July 2022, the latest annual report from the Financial Conduct Authority (“the FCA”) showed, among other things, that over 300 Appointed Representative (“AR”) applications were withdrawn and 1% fewer applications were made compared to the previous year. The AR regime has a long history, first being introduced in 1986 and carried on… Read More >