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.
Article Search
Archives: Articles
OD Developments v Oak Dry Lining Ltd – a challenge to adjudicator’s jurisdiction
November 2020In OD Developments (‘OD’) v Oak Dry Lining Ltd (‘Oak’), the TCC made a rare decision not to enforce an adjudicator’s award on jurisdictional grounds. It was argued that a Letter of Intent between the parties did not appropriately incorporate the JCT 2011 Design and Build Contract (“the JCT contract”) and the adjudicator therefore lacked… Read More >
Cyber attacks on solicitors firms and cyber insurance – The SRA’s Thematic Review on Cyber Security
November 2020As Andrew Jones reports, the SRA’s Thematic Review on Cyber Security has shone a light on the frequency and potentially hugely damaging consequences of cyber crime on law firms. It also highlights the potential benefits of law firms obtaining specialist cyber insurance in addition to their Professional Indemnity Insurance. The SRA recently published its report… Read More >
Moving with the Times – The RIBA PSC 2020
November 2020This autumn, the Royal Institute of British Architects (RIBA) published an updated suite of standard form agreements. We will discuss the key updates, with particular focus on the revised professional indemnity insurance provisions that reflect the insurance market’s approach to cover for fire-combustibility matters. In this article, we will only focus on the updated RIBA… Read More >
Solicitors’ Fraud and Aggregation – Lord Bishop of Leeds v Dixon Coles and Gill (A firm) & Ors and Guide Dogs for the Blind Association v Box & Ors
November 2020On 28 October 2020, the High Court considered applications for summary judgment in the related cases of Lord Bishop of Leeds v Dixon Coles and Gill (A firm) and Guide Dogs for the Blind Association v Box. Both relate to a solicitor’s theft of client monies and consider issues of Partners’ liability, limitation and, perhaps… Read More >
Global Vantage: What does the abolition of the DFID mean for UK Companies abroad?
November 2020In June 2020, Prime Minister Boris Johnson announced the merger of the Department for International Development (‘DFID’) and the Foreign & Commonwealth Office (‘FCO’). The combined entity, known as the Foreign, Commonwealth & Development Office (‘FCDO’), was formally inaugurated on 2 September 2020. Whilst some have criticised what appears to be a move towards linking… Read More >
Reports from the Courts
November 2020Our regular review of the court decisions of most relevance to construction comes from Andrew Croft and Ben Spannuth, focusing on a case which serves as a reminder of the courts’ approach to strike-out and summary judgment applications; and another that highlights the courts’ robust support of the ‘pay now, argue later’ principle of the Construction Act. To… Read More >
The Defence of Illegality – a Flexible Approach – Stoffel & Co v Grondona [2020]
November 2020The Supreme Court has handed down its decision in the case of Stoffel & Co v Grondona, in which it considers the much-debated defence of illegality and, in particular, the Court of Appeal’s application of the judgment in Patel v Mirza [2016]. What is the defence of illegality? The illegality defence denies an individual the… Read More >
Solicitors Professional Indemnity Insurance Renewal – Lessons Learned
November 2020The annual 1 October PII renewal process for solicitors is always frenetic. But this year’s renewal season was particularly challenging for a whole host of reasons. This article, published by Willis Towers Watson and co-authored by Joanne Cracknell of WTW and Beale & Co’s Joe Bryant, looks at what happened and some lessons that can… Read More >
On-Site Covid Health & Safety – an Update
October 2020In an article earlier this year here we referred to the Construction Leadership Council (CLC)’s guidance on site operating procedures and, in particular, the revision of on-site distancing rules. Some months on, the CLC has published an updated version (6) of the Site Operating Procedures. Whilst there are no major changes to social distancing rules,… Read More >
Lane End Developments Construction Limited v Kingstone Civil Engineering Ltd
October 2020In the recent case of Lane End Developments Construction Limited (“Lane End”) v Kingstone Civil Engineering Ltd (“Kingstone”) the TCC considered a challenge to enforcement of an adjudication decision on the grounds that the adjudicator had not been validly appointed according to the rules set out in the Scheme for Construction Contracts (England & Wales)… Read More >