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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Reports from the Courts
Our latest round up of the court decisions of most interest to construction comes from Andrew Croft and Ben Spannuth who examine a case that reinforces the courts’ robust approach to adjudication enforcement, and highlights the importance of compliance with the immediate payment obligation where the requisite notices have not been served; and a fire… Read More >
Feeling fine? The SRA increases its fining powers by over 1,000%
July 2022On 20 July 2022, the Solicitors Regulation Authority (“the SRA”) increased its maximum fining powers for law firms and the solicitors who work in them from £2,000 to £25,000. This follows a consultation by the SRA into this proposed change, which received 39 formal responses and engaged with 7,500 people. The increase in the SRA’s… Read More >
WORKPLACE RELATIONS COMMISSION ANNUAL REPORT 2021
On 1 July 2022, the Workplace Relations Commission (WRC) published its seventh annual report outlining the challenges faced by the WRC in 2021 and the ways in which it worked through the challenges that the global pandemic continued to present. Concillation, Advisory and Mediation Services (CAM) The WRC have traditionally relied on face-to- face interaction… Read More >
Full Disclosure: The Insurance (Miscellaneous Provisions) Act 2022 (Ireland)
Introduction On 7 July, a commencement order was published in respect of the Insurance (Miscellaneous Provisions) Act 2022 (the “2022 Act”). The 2022 Act is tidying-up legislation which makes a handful of amendments to the Consumer Insurance Contracts Act 2019 (“CICA 2019”), along with the Central Bank (National Claims Information Database) Act 2018 and the… Read More >
Climate Change Litigation: Feeling hot, hot hot!
On 18th July 2022, the High Court ruled in favour of environmental groups, ClientEarth, Friends of the Earth UK (FoE), the Good Law Project (a non-profit organisation) and the environmental campaigner Jo Wheatley in respect of their challenge to the Government’s Net Zero Strategy (NZS) for its breach of the Climate Change Act 2008 (CCA).… Read More >
Adjudication – A comparison from around the globe
Adjudication, an interim dispute resolution forum commonly utilised between parties to a construction contract, is available in varying forms in different jurisdictions world-wide. Adjudication offers a statutory right to a binding interim determination in a timely, efficient and cost-effective manner during the life of a project until a dispute can be determined with finality through… Read More >
Fire Safety: First Substantive Post-Grenfell Judgment
The first substantive judgment on fire safety post-Grenfell has arrived. Continuing the focus on fire safety of residential buildings following the Grenfell Tower fire in 2017 and the recent introduction of the Building Safety Act 2022, the Technology and Construction Court recently handed down its decision in Martlet Homes Limited v Mulalley & Co. Limited. … Read More >
Former executives ordered to pay £80 billion in damages over Fukushima nuclear disaster: an example of what could come for those at the frontline of managing risk
Last week, a Tokyo District Court ordered four former executives of Tokyo Electric Power Company to pay the company ¥13.32 trillion (£80 billion) in damages for failing to prevent a triple meltdown at the Fukushima Daiichi nuclear power plant in 2011, which was one of the worst nuclear disasters in history. Background In 2012, the former… Read More >
Global Vantage – Interim Measures in Italian Arbitrations
In November 2021 the Italian Parliament approved Law n.206 of 2021 relating to the reform of the Italian Code of Civil Procedure (the ‘Bill’). One of the most significant amendments proposed by the Bill is the power for arbitral tribunals seated in Italy to grant “interim measures” in support of proceedings. This change will more… Read More >
Failure to Mediate: What are the consequences?
The High Court has ruled in Richards & Anor v Speechly Bircham Llp & Anor (Consequential Matters) [2022] EWHC 1512 (Comm) that a failure to mediate did not justify an order for costs on an indemnity basis. We have previously reported on the substantive judgment of this case in our article: THE CRITICAL DIFFERENCE BETWEEN BEING… Read More >