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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Global Vantage: Function over form, an arbitration appointment tale
October 2022In ARI v WXJ [2022] EWHC 1543 (Comm), the High Court was asked to consider whether an arbitrator had been validly appointed, in the absence of concluded contract regarding their appointment. The Court took a commercial approach, finding that where: there had been a clear and unconditional communication of acceptance of the appointment by the… Read More >
Russia sanctions: Government has engineering and architectural services in its sights
October 2022Introduction On 30 September 2022, the UK Government announced an additional package of sanctions against Russian aggression in Ukraine. Alongside an expansion of the list of designated persons, the Government also put forward prohibitions on the provision of architectural, engineering and IT consultancy services to Russia, as well as transactional legal services. The move has… Read More >
Has the dam burst? The potential impact of the English Courts’ decision to hear the claims arising out of the Fundão mining disaster.
October 2022In a surprise development for multinational corporations operating in the United Kingdom, we recently saw the Court of Appeal of England and Wales allow the Claimants’ appeal against a decision to strike out a claim on the basis of an abuse of process, emanating from the Fundão tailings dam disaster. The decision highlights the English… Read More >
Enforcement of English Court Judgments in the UAE
September 2022The ability to enforce judgements issued by English Courts in the UAE, has now been confirmed in a recent directive issued by the United Arab Emirates Ministry of Justice on 13 September 2022 (the “Directive”), under the principle of reciprocity. The Legislation The starting point for the enforcement of a foreign judgment in the United… Read More >
reports from the courts
September 2022Our latest update on the court decisions of most interest to construction Andrew Croft and Ben Spannuth examine a case that underlines the importance of objectively clear and unambiguous Pay Less notices; and one that summarises the test that the court will consider when determining applications for freezing injunctions. This was first published by Construction… Read More >
Delivering Excellent Public Works in a Modern Day World: Update to Construction Playbook (September 2022)
September 2022The Government’s Construction Playbook, first published on 8 December 2020, sets out how the public sector can get projects and programmes right from the start, building social value into the foundations of the public procurement processes. We are set to see up to £31 billion of contracts across economic and social infrastructure being brought to… Read More >
The Health & Safety Authority Annual Report 2021 – a summary for the construction sector
September 2022INTRODUCTION In June 2022 the Health & Safety Authority (“HSA”) published its annual report for 2021 (“the Report”) to Damien English TD, Minister of State for Business, Employment and Retail. The HSA is the Irish statutory body responsible for ensuring protection from work-related injury and illness. In its annual reports, the HSA analyses emerging trends… Read More >
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 >