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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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 >
Rochford Construction Ltd v Kilhan Construction Ltd [2020] – Importance of clear payment provisions and dangers of linking the final date for payment to an invoice date.
October 2020The recent case of Rochford Construction Ltd v Kihan Construction Ltd reinforces importance of clear payment dates and suggests that fixing the final date for payment by reference to an invoice (as is the case in the NEC4 PSC) is inconsistent with the Construction Act. Background On 3 August 2018 Rochford Construction Ltd (“Rochford”) and… Read More >
Reports from the Courts
October 2020Our regular round up of cases of most interest to construction comes from Andrew Croft and Ben Spannuth, focusing on one that highlights the importance of defining design life requirements within contracts; and a Supreme Court ruling that means insolvency practitioners can use adjudication to pursue claims. To read the full article please click on… Read More >