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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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Update on UK Government Furlough Scheme
The 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. The scheme, which was originally set up for 3 months… Read More >
Insolvent Companies and Adjudication: Bresco Services Limited v Michael J Lonsdale [2020] UKSC 25
The much-anticipated Supreme Court decision in Bresco Electrical Services Ltd v Michael J Lonsdale (Electrical) Ltd [2020] has now 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 available by default. The Supreme Court judgment in Bresco… Read More >
Case review: Blackpool Borough Council v VolkerFitzpatrick & Ors [2020] EWHC 1523 (HHJ Davies)
A recent decision (handed down on 15 June) highlights the importance of defining your contractual design life requirements and that without a clear definition to the contrary, some form of maintenance may be required (and in the case of sacrificial coatings, they may need to be replaced entirely). Case details The decision arises from the… Read More >
J & B Hopkins Ltd v Trant Engineering Ltd [2020] EWHC 1305 (TCC)
In 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 process preclude a party from adjudicating… Read More >
Multiple Dwellings Relief (MDR) from SDLT – how and when will it apply?
Multiple Dwellings Relief (MDR) is a form of Stamp Duty Land Tax relief that applies to “qualifying” land transactions that completed after 19 July 2011. MDR applies to transactions that have, as their main subject matter, an interest in: at least two dwellings; a single dwelling if it is part of a “linked” transaction i.e.… Read More >
FCA Business Interruption test case update – CMC to be livestreamed on 16 June
June 2020The Financial Conduct Authority (“FCA”) have today published a further update on the progress of its High Court test case concerning coverage for Covid-19 related losses under Business Interruption (“BI”) insurance policies, including the livestream of a Case Management Conference tomorrow 16 June 2020. Proceedings were commenced last week in the High Court, with the… Read More >
FCA issues latest update on Business Interruption insurance test case
The Financial Conduct Authority (“FCA”) yesterday published an update on the progress of its High Court test case concerning Business Interruption (“BI”) insurance policies. The FCA confirmed that proceedings have now been commenced in the High Court with relevant court documents, including the claim form and particulars of claim, available through the FCA’s dedicated BI… Read More >
Global Vantage: Price escalation clauses in the current market
Price 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
There 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
A 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 >