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: 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 >
Standard Form Alliancing Contracts – Failure to Launch?
August 2022Alliancing contracts are a form of project partnering which gained popularity in the 1990’s[1] as an alternative to traditional ‘lowest price wins’ tendering. Whilst the 2007-2009 recession dealt a blow to the popularity of alliancing contracts, since then the market has developed, and there are now several standard form alliancing and partnering contracts available: TAC-1… Read More >
What next for the Government’s Net Zero Strategy?
July 2022Early last week, as the UK faced its hottest ever day on record, the High Court handed down an historic judgment in the case of (1) Friends of the Earth Limited (ii) ClientEarth (iii) Good Law Project and Joanna Wheatley v Secretary of State for Business, Energy and Industrial Strategy [2022] EWHC 1831 (Admin), ruling… Read More >
AR they fit for purpose? The FCA overhauls the Appointed Representative regime
July 2022Published on 19 July 2022, the latest annual report from the Financial Conduct Authority (“the FCA”) showed, among other things, that over 300 Appointed Representative (“AR”) applications were withdrawn and 1% fewer applications were made compared to the previous year. The AR regime has a long history, first being introduced in 1986 and carried on… Read More >
Reports from the Courts
July 2022Our latest round up of the court decisions of most interest to construction comes from Andrew Croft and Ben Spannuth who examine a case that reinforces the courts’ robust approach to adjudication enforcement, and highlights the importance of compliance with the immediate payment obligation where the requisite notices have not been served; and a fire… Read More >
Feeling fine? The SRA increases its fining powers by over 1,000%
July 2022On 20 July 2022, the Solicitors Regulation Authority (“the SRA”) increased its maximum fining powers for law firms and the solicitors who work in them from £2,000 to £25,000. This follows a consultation by the SRA into this proposed change, which received 39 formal responses and engaged with 7,500 people. The increase in the SRA’s… Read More >
WORKPLACE RELATIONS COMMISSION ANNUAL REPORT 2021
July 2022On 1 July 2022, the Workplace Relations Commission (WRC) published its seventh annual report outlining the challenges faced by the WRC in 2021 and the ways in which it worked through the challenges that the global pandemic continued to present. Concillation, Advisory and Mediation Services (CAM) The WRC have traditionally relied on face-to- face interaction… Read More >
Full Disclosure: The Insurance (Miscellaneous Provisions) Act 2022 (Ireland)
July 2022Introduction On 7 July, a commencement order was published in respect of the Insurance (Miscellaneous Provisions) Act 2022 (the “2022 Act”). The 2022 Act is tidying-up legislation which makes a handful of amendments to the Consumer Insurance Contracts Act 2019 (“CICA 2019”), along with the Central Bank (National Claims Information Database) Act 2018 and the… Read More >
Climate Change Litigation: Feeling hot, hot hot!
July 2022On 18th July 2022, the High Court ruled in favour of environmental groups, ClientEarth, Friends of the Earth UK (FoE), the Good Law Project (a non-profit organisation) and the environmental campaigner Jo Wheatley in respect of their challenge to the Government’s Net Zero Strategy (NZS) for its breach of the Climate Change Act 2008 (CCA).… Read More >
Adjudication – A comparison from around the globe
July 2022Adjudication, an interim dispute resolution forum commonly utilised between parties to a construction contract, is available in varying forms in different jurisdictions world-wide. Adjudication offers a statutory right to a binding interim determination in a timely, efficient and cost-effective manner during the life of a project until a dispute can be determined with finality through… Read More >