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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What must be proven in contribution claims? Percy v Merriman White discussed
May 2022The recent Court of Appeal judgment in Percy v Merriman White[1] considers contribution proceedings brought by a firm of solicitors against a barrister instructed to act in relation to a commercial dispute. The decision provides important clarification on the application of section 1(4) of the Civil Liability (Contribution) Act 1978 (“the Act”). The facts In… Read More >
reports from the courts
May 2022Our regular round up of the court decisions of most interest to construction from Andrew Croft and Ben Spannuth examines a case that will interest anyone hoping to invoke force majeure clauses against the background of sanctions against Russia; and another that serves as a reminder that terminating parties must take care to follow contractual termination… Read More >
Building Safety Act 2022: Focus on manufacturers
May 2022The Building Safety Act (“the Act”) received Royal Assent on 28 April 2022, and much of it is already in force or will be from 28 June 2022, including the Sections considered below. The Act marks a significant step in the efforts to resolve the building safety crisis triggered by the Grenfell fire. It implements… Read More >
Global Vantage: Inflation, Inflation, Inflation – London tops list of world’s most expensive places to build
April 2022Arcadis has released its latest International Construction Costs Index (the “Index”), which ranks the costs of construction in 100 locations around world. London takes top spot, with a host of other cities in the UK and Ireland – including Bristol and Dublin – also occupying the top 25. Inflation, rising materials prices and pressures on… Read More >
“Sharing is caring” – Although don’t expect a duty of care to always arise for shared professional advice – McClean and others v Thornhill QC [2022] EWHC 457 (Ch)
April 2022In the recent case of McClean and others v Thornhill QC, the High Court ruled that no duty of care was owed by the defendant tax QC to the claimant investors for professional tax advice shared with the Claimants by the promoters of film financing schemes. The case illustrates that it will only be in… Read More >
Van Oord UK Limited v Dragados UK Limited
April 2022On 7 April 2022, the Outer House, Court of Session delivered the Lord Braid decision in the case of Van Oord UK Limited (“Van Oord”) v Dragados UK Limited (“Dragados”). The “Natural Justice Issue”. In this case, the Scottish Courts considered the validity of a decision made by an adjudicator. In assessing whether the adjudicator… Read More >
Reports From the Courts
April 2022Our regular review of the court decisions of most interest to construction comes from Andrew Croft and Ben Spannuth examine a case that shows the Claimant-friendly approach being taken by the courts in relation to amendments to pleadings and limitation, especially in relation to cladding/fire safety claims; and one that acts as a further reminder… Read More >
NEC and climate change : NEC releases new X29 secondary Option for consultation
April 2022As we have previously reported in our “Beyond Net Zero” series, the built environment sector faces huge challenges in reducing its environmental impact and reaching Net Zero. In a welcomed development, NEC have now released their new X29 secondary Option, reducing the impact of works on climate change, for consultation. The Option X29 has been… Read More >
Tendering: when does co-operation become collusion? EU Commission issues new guidance
April 2022Introduction Competition Law regulates when businesses who are rivals may work together. It prohibits agreements or arrangements between firms which have the purpose or effect of restricting competition. There are harsh penalties for infringing competition law, including fines of up to 10% of group, worldwide turnover, damages actions and director disqualifications. For serious infringements, individuals… Read More >
Reports from the Courts – March 2022
March 2022Our regular round up of the court decisions of most interest to construction comes from Andrew Croft and Ben Spannuth look at a dispute between a houseowner and a builder that highlights the importance of parties ensuring strict compliance with the payment and termination provisions in contracts; and another where the decision stands a reminder… Read More >