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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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Transforming Public Procurement: Our Vision for a Safer, More Inclusive, and Innovative Future
November 2024Introduction Some readers may be aware that the UK Government recently deferred the date of entry into force of the Procurement Act 2023 (“PA 23”) from 28 October 2024 to 24 February 2025. This was in order to allow the current Government the opportunity to consider revising National Procurement Policy Statement (NPPS), a statement which… Read More >
The Impact on D&O Insurers of the UK’s Economic Crime and Corporate Transparency Act and the ‘Failure to Prevent Fraud’ offence
November 2024The Failure to Prevent Fraud Offence The Economic Crime and Corporate Transparency Act 2023 (ECCTA) is the government’s latest effort to legislatively combat economic crime in the UK. The Act introduces, among other things, a new strict-liability corporate criminal offence of ‘failure to prevent fraud’, which seeks to hold organisations to account when they profit… Read More >
Decree in default determinative of policyholder’s liability under the Third Parties (Rights against Insurers) Act 2010
November 2024The recent decision of the Inner House of the Court of Session in Scotland Gas Network PLC v QBE UK Ltd and others [2024] CSIH 36 concerns claims brought against insurers under the Third Parties (Rights against Insurers) Act 2010 (Act) and considers the consequences for insurers where their policyholder has incurred a liability to… Read More >
UK environmental action continues – permission for Cumbrian coal mine quashed by the Court
November 2024Background The High Court’s ruling in the combined cases of Friends of the Earth Limited & Others (1) and South Lakeland Action on Climate Change – Towards Transition (2) v Secretary of State for Levelling Up, Housing and Communities, West Cumbria Mining Limited & Cumbria County Council [2024] EWHC 2349 (Admin) was handed down in… Read More >
‘Polluter pays’: cladding remediation update
November 2024On 4 November 2024, the National Audit Office (NAO) published its report on the Government’s programme for remediating dangerous cladding[1]. Investigations that followed the Grenfell Tower fire revealed a significant number of unsafe buildings throughout England. The Ministry of Housing, Communities & Local Government (MHCLG), the Government department behind the remediation of unsafe buildings, launched… Read More >
GRENFELL PHASE 2 REPORT: IMPACT ON PRODUCT MANUFACTURERS
November 2024This impact note focuses on the key findings detailed in Phase 2 of the Grenfell Tower Inquiry, specifically concerning product manufacturers and the insulation products installed on the Grenfell Tower. The Phase 2 Report was published on 4 September 2024, and in considerable length outlines the circumstances and causes of the fire. Our earlier article… Read More >
GLOBAL VANTAGE: TRENDS FROM THE DUBAI INTERNATIONAL ARBITRATION CENTRE’S LATEST ANNUAL REPORT
November 2024The Dubai International Arbitration Centre (DIAC) has provided dispute resolution services to parties doing business in or via the Middle East, Africa, and South Asia (MEASA) regions for over 30 years. DIAC considers itself the “region’s largest arbitral institution, independent and impartial, committed to excellence, efficiency, and diversity”[1] and recently released its ‘Annual Report 2023’.… Read More >
Part 8 Proceedings and questions of contractual interpretation: further guidance
November 2024In Workman Properties Ltd v Adi Building and Refurbishment Ltd, the Technology and Construction Court (TCC) assessed whether Part 8 proceedings, under the Civil Procedure Rules (CPR) could resolve key contractual interpretation issues without substantial factual disputes. The case adds to a growing body of guidance on using Part 8 to address specific legal questions,… Read More >
When is a “storey” to be identified and counted for higher-risk building purposes? Recent uncertainty created over Government’s guidance
November 2024Nicholas Blomfield & Others v Monier Road Limited is an interesting First-Tier Tribunal decision on the status and treatment of government guidance regarding the “higher-risk building” (HRB) criteria under the Building Safety Act 2022 (BSA 2022) and Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023. Tribunal’s Decision A decision concerning an application for a Remediation… Read More >
CONSTRUCTION DISPUTES LANDSCAPE FOR 2024: THE HERE AND NOW AND WHAT TO EXPECT NEXT – THIRD INSTALMENT
November 2024Current Trends in the Market and Construction Claims: Various trends continue to reshape the construction disputes landscape, posing fresh risks and challenges for clients, contractors, consultants, and other industry stakeholders. Legislative changes, recent case law and evolving market dynamics — particularly around contract terms, building safety, professional liability, and claim apportionment are driving these developments.… Read More >