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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Lacrosse Tower – Cladding Developments Down Under
April 2021Tanah Merah Vic Pty Ltd v Owners’ Corporation No 1 [2021] VSCA 72 On 26 March 2021, Victoria’s Supreme Court of Appeal (“VCoA”) handed down judgment on an application seeking leave to appeal the Lacrosse Tower decision. As readers may recall, the first instance decision, which we discuss in detail here and summarise below, found… Read More >
Reports from the Courts – April 2021
April 2021The regular round up of the key court decisions affecting construction comes from Andrew Croft and Ben Spannuth. In one case the court overturned an application for summary judgment seeking enforcement of an adjudicator’s decision; in another the court dismissed a council’s challenge to an enforcement.
Global Vantage: Building Back Greener – ESG in the Construction Industry
April 2021Efforts to combat environmental, social and governance issues on infrastructure projects are receiving more attention than ever before. Antony Smith and Sheena Sood consider the impact of these ESG initiatives on the construction industry in our latest Global Vantage article. Last April, we asked whether the post-Covid world would be ‘more accepting’ of the Equator… Read More >
Personal Injuries Guidelines: Update re Implementation and Application
April 2021Following on from the adoption of the Personal Injuries Guidelines by the Judicial Council on 6 March 2021, further clarification in relation to the implementation and application of the Guidelines has now been provided by way of Section 30 of the Family Leave and Miscellaneous Provisions Bill, 2021. The Personal Injuries Guidelines (“the Guidelines”), prepared… Read More >
Don’t be too helpful! – Beware Assumption of Responsibility
March 2021The recent case of Multiplex Construction Europe Ltd v Bathgate Realisations Civil Engineering Ltd & Ors, saw the TCC consider whether a professional appointed by a sub-contractor owed a duty of care to the main contractor. Construction professionals will note that, as is often the case in large scale projects involving several parties and a… Read More >
Building a safer future: The Fire Safety Bill
March 2021The Fire Safety Bill is part of a series of proposed changes to fire and building safety following the Grenfell Tower fire in 2017. It seeks to amend the Regulatory Reform (Fire Safety) Order 2005 to clarify that the responsible person or duty-holder for residential buildings containing one or more homes must manage and reduce the risk of fire for: The structure and external walls of… Read More >
Insurance Market Insights – Spring 2021
March 2021In this paper we set out the latest thoughts of our leading sector specialist partners on the professional indemnity claims environment as we emerge from COVID-19 and from lockdown – what issues are likely to give rise to claims in the short and longer term and how are insurers responding to the potential liabilities that… Read More >
Terms and Conditions: Protecting Yourself in a Difficult Market
March 2021The industry has witnessed many challenges over the last few years, particularly in the last 12 months, many of which are likely to persist for the coming months and years and which should be addressed in your terms and conditions. The key challenges to the construction industry and insurance markets (in the UK and globally)… Read More >
Reports from the Courts
March 2021Our regular review of the most significant cases to come before the courts, from Andrew Croft and Ben Spannuth of Beale & Co Solicitors LLP, examines a dispute that provides a reminder of the importance of agreeing and complying with clear and unambiguous payment terms; and another that underlines the importance of clear contractual drafting… Read More >
Global Vantage: Latest International Centre for Dispute Resolution Rules come into effect
March 2021The latest version of the Arbitration and Mediation Rules of the International Centre for Dispute Resolution (“ICDR”) came into effect on 1 March 2021 (the “2021 Rules”). Antony Smith examines some of the key changes introduced by the 2021 Rules in our latest Global Vantage article. In recent years, the ICDR has cemented its position… Read More >