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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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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 >
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 >