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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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Does a Duty of Care Arise when an Accountant is Acting as an Introducer?
December 2021The answer to the question posed is unfortunately, of course, highly fact specific. However, the recent High Court case of Knights v Townsend Ltd [2021] EWHC 2563 (QB), provides some useful guidance to practitioners as to when such a duty is or is not likely to arise. We discuss the facts of the case and… Read More >
Transforming Public Procurement: Transformational or tinkering at the edges?
December 2021Introduction Following Brexit and the end of the transition period under the EU-UK Withdrawal Agreement, the UK is no longer required to observe the EU Directives on Public Procurement. HM Government has been swift to signal its intention to move towards a simpler regime that is more flexible and better able to deliver value for… Read More >
Building Design Partnership Ltd v Standard Life Assurance Ltd: Extrapolated Claims – an Abuse of Process?
December 2021Standard Life Assurance Ltd (SLA) the developer of a mixed-use retail and residential development, brought a claim against Building Design Partnership (BDP) who acted as the contract administrator and leader of the design team. The claim was for damages for negligence and breach of contract, specifically in relation to 3,604 variations for which BDP were… Read More >
ORR market study on signalling projects: Green-lighting competition or railroading innovation?
December 2021Introduction On 8 November 2021, the Office of Road and Rail (“ORR”) published its long-awaited market study report. The ORR is aiming to take measures to open up the railway signalling market. It wishes to allow Network Rail (“NR”) to boost competition between suppliers on cost, quality and innovation, and drive greater efficiency and performance… Read More >
Revisions to the UK Auditing Standard on Fraud (ISA (UK) 240)
December 2021On 27 May 2021 the Financial Reporting Council (FRC) issued a revision of its UK auditing standard on the responsibilities of auditors relating to fraud (ISA (UK) 240). The revisions are consistent with the government’s proposed changes within their white paper “Restoring trust in audit and corporate governance” and aim to bring clarity in relation… Read More >
Full speed ahead!: Litigation picks up steam but HS2 contract keeps on rolling
December 2021The Government is set to announce the award of a £2.8 billion train manufacturing project to an Alstom / Hitachi consortium as part of the controversial HS2 project, according to The Times. The award is likely to go ahead, despite a legal challenge from Siemens, which had tendered unsuccessfully. Siemens argued that the Alstom /… Read More >
Data Sharing: The ICO’s Data Sharing Code of Practice
December 2021The Information Commissioner’s Office’s (ICO) data sharing code of practice (the Code) came into force on 5 October 2021. The new Code replaces the previous version of the data sharing code, published in 2011 under the Data Protection Act 1998. About the Code The Code is incorporated into law under the Data Protection Act 2018… Read More >
Witness Statements: The pen is mightier than the sword, but just watch out for whose pen it is!
December 2021BLUE MANCHESTER LIMITED v (1) BUG-ALU TECHNIC GMBH (2) SIMPSONHAUGH ARCHITECTS LIMITED [2021] EWHC 3095 (TCC) Background The case concerns the failure of shadow box units in the cladding of the Beetham Tower, Deansgate, Manchester. Blue Manchester Limited (“BML”) and DFL (the claimant in an associated action), both seek to recover damages from BUG-ALU Technic… Read More >
Reports from the Courts – December 2021
December 2021Our regular round up of court decisions of most interest to construction comes from Andrew Croft and Ben Spannuth who examine a case showing the importance of giving notice effectively when disputing a final statement; and an appeal court ruling confirming that enforcement of an adjudication decision by an insolvent claimant is possible, albeit in… Read More >
“Insurance Vernacular”: A Festive A-Z
December 2021Nothing in life comes for free, apart from my Christmas missive. There is, of course, a reason for that. So here it is. A Christmas gift which will keep on not giving, forever. Parsimony in perpetuity. You can print it off, place it in your pocket and bring it out to amuse friends and family… Read More >