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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Grenfell Phase 2 Report: impact on contractors
This impact note focuses on the findings detailed in Phase 2 of the Grenfell Tower Inquiry, specifically concerning the appointed principal contractor and cladding subcontractor. It also explores recommendations that will generally impact contractors and the wider construction industry going forward. The Phase 2 Report was published on 4 September 2024, and in considerable length outlines… Read More >
Reshaping construction compliance: How mandatory inherent defects insurance continues to transform Saudi Arabia’s building industry
The Kingdom of Saudi Arabia’s (“KSA”) construction industry is undergoing a transformative shift with a change in the way in which mandatory inherent defects insurance (“IDI”) must be procured from 6 October 2024. Enforced by the Saudi Arabian Monetary Authority (“SAMA”), contractors are required to secure IDI, on governmental residential projects, for inherent defects from… Read More >
Kuwait’s Ministry of Health cyber-attack: The critical role of prevention, incident response and cyber insurance in managing data breaches
The increase of cyber-attacks requires organisations – both public and private – continually to assess and strengthen their cyber security measures. A recent cyber-attack against Kuwait’s Ministry of Health (“MOH”) underscores this necessity. Although the MOH has not provided specific details, the investigations suggest that unauthorised third parties accessed its systems by exploiting existing vulnerabilities.… Read More >
“Reasonable cause to suspect” – what does it mean? Two key judgments on sanctions compliance
This summer the UK courts issued two important judgments, which provide crucial guidance for parties attempting to navigate UK sanctions regulations, particularly those linked to the *Russia (Sanctions) (EU Exit) Regulations 2019 (“Russia Regulations”). Both cases illustrate the complexities of determining when sanctions come into play, showing that the need to adjudicate such issues is… Read More >
Steps towards building a sustainable future: The UK Net Zero Carbon Buildings Standard
Late September 2024 saw the launch of the Pilot Version of the UK Net Zero Carbon Buildings Standard (the “Standard”)[1]. This initiative marks a significant milestone in a collective cross-industry effort to agree a UK built environment industry wide net zero standard, and to facilitate parties in taking positive and demonstrable steps in reducing the… Read More >
Understanding the scope of your directors’ and officers’ liability insurance policy
A recent DFSA decision highlights some of the key issues insurers and insureds need to consider when assessing coverage. In the UAE’s financial free zones, the Dubai International Financial Centre (“DIFC”) and Abu Dhabi Global Market (“ADGM”), regulatory enforcement by the Dubai Financial Services Authority (“DFSA”) and Financial Services Regulatory Authority (“FSRA”) has increased, leading… Read More >
REPORTS FROM THE COURTS
Our latest round up the court decisions of most interest to construction comes from Andrew Croft, Benjamin Spannuth and Daniela Miklova, who look at a Court of Appeal ruling relating to termination rights; and another that says true value adjudications cannot commence before the amount awarded in a previous adjudication regarding a dispute in the… Read More >
Innovation abounds opportunities for growth in the global MGA market
October 2024Available to read now! The first Global Insurance Law Connect (GILC) report on the Managing General Agent (MGA) market. MGAs have long been a thriving part of the mainstream global insurance market, providing a unique environment for new insurance ideas and allowing small teams to innovate and demonstrate agile approaches to service and claims. MGAs… Read More >
Subsidy Control: Lessons from the National Theatre’s £26 Million Grant
Introduction The application of the Subsidy Control Act 2022 (SCA) often requires a careful balancing exercise between protecting competition and supporting projects with a public interest, such as cultural initiatives. The grant of subsidies from public resources to enterprises in competitive markets can lead to distortions and unfair advantages. On the other hand, the continuation… Read More >
Procurement Lessons Unlearned: Grenfell Tower and the Risks of the Procurement Act 2023
Introduction One of the lesser explored lessons from the Grenfell Tower tragedy of 14 June 2017 is how failures in the procurement process contributed to the inadequate construction standards, poor regulatory oversight, and ultimately unacceptable shortcomings in safety standards. The disaster resulted in 72 deaths and brought to light numerous safety violations, particularly regarding the… Read More >