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: Price escalation clauses in the current market
June 2020Price escalation clauses are contractual provisions that allow for adjustments to be made to the agreed contract price where there are fluctuations in the costs of certain elements of the works. Such clauses are particularly relevant in the current market, with Covid-19 causing significant economic volatility and creating difficulties in the supply of labour and… Read More >
Covid-19: Risks for Brokers moving forward
June 2020There has been a lot of commentary in the past 8 weeks or so about the risks the Covid-19 pandemic poses to various professions, perhaps none so clearly as the Insurance Broking industry. Business Interruption (“BI”) Insurance Policies in particular are being pored over closely, not least in light of the FCA’s ongoing action to… Read More >
Case Review: Court of Appeal decision – Rose Desmond v Dunnes Stores (Appellant) [2020] IECA 125
June 2020A recent Court of Appeal decision highlights the importance for defendants / occupiers of ensuring not only the existence and adequacy of a cleaning system, but also that it is correctly implemented. Case details: The Plaintiff brought Personal Injuries proceedings in the High Court against Dunnes Stores following a slip and trip incident which occurred… Read More >
Global Vantage: Risk Transfer on Construction Projects in the wake of the Coronavirus Pandemic
June 2020Construction projects carry inherent risks, and the allocation and management of these risks is often a key area of contention when negotiating international construction contracts. With Covid-19 only serving to accelerate the hardening of the global insurance market, proper risk management is more important than ever. Many construction companies now face the unenviable prospect of… Read More >
Workplace Relations Commission: Mediation and Adjudication During Covid-19
June 2020The Workplace Relations Commission (WRC) has endeavoured to adapt to the situation currently facing Irish employers and employees. With all adjudication hearings, face-to-face conciliations and mediations and on-site inspections cancelled or postponed since 13 March 2020, the WRC has carried out a consultation program with stakeholders to establish a protocol for dealing with complaints during… Read More >
Muhammad Tayyad v Rilta Environmental Limited [2020] IEHC 251
June 2020In a recent decision, the High Court confirmed the position in relation to Section 12 of the Personal Injuries Assessment Board Act 2003 and the preservation of evidence thereunder. In this article, Martin Browne and Carina Schauer examine the facts of this case and how the extent of the Court’s jurisdiction to make an order… Read More >
Update on UK Government Furlough Scheme
June 2020The Government scheme which has, since 1 March 2020, benefited over a million UK businesses who have made claims under the scheme, at a cost so far of £17.5 billion, helping 8.7million remain in work on furlough, is going to go through some significant changes. In this article, Michael Archer provides an update on the… Read More >
Insolvent Companies and Adjudication: Bresco Services Limited v Michael J Lonsdale [2020] UKSC 25
June 2020In this article, James Vernon and Charlotte Gooch discuss the much-anticipated Supreme Court decision in Bresco Electrical Services Ltd v Michael J Lonsdale (Electrical) Ltd [2020], which has been handed down. After the Court of Appeal decision in Bresco and subsequent decisions, adjudication by an insolvent company was not impossible, but it was certainly not… Read More >
Case Review: Blackpool Borough Council v VolkerFitzpatrick & Ors [2020] EWHC 1523 (HHJ Davies)
June 2020In this article, Keith Lonsdale and Tristan Riley discuss a recent decision in the Technology and Construction Court highlighting the importance of defining clearly your contractual ‘design life’ expectations.
J & B Hopkins Ltd v Trant Engineering Ltd [2020] EWHC 1305 (TCC)
June 2020In the recent case of J & B Hopkins Ltd v Trant Engineering Ltd [2020] EWHC 1305 (TCC), in rejecting a challenge to the enforcement of an Adjudicator’s decision, Fraser J found that the “correction principle” does not extend to the effect that later payment cycles under the contractual payment process precludes a party from… Read More >