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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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Multiple Dwellings Relief (MDR) from SDLT – how and when will it apply?
June 2020Multiple Dwellings Relief (MDR) is a form of Stamp Duty Land Tax relief that applies to “qualifying” land transactions that completed after 19 July 2011. In this article, Joe Bryant and Fiona Murphy explain the effect of Multiple Dwellings Relief, and look at the case of Fiander and Brower v HMRC [2020] UKFTT 00190 (TC)… 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
June 2020The 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 >
Reports from the Courts – June 2020
June 2020Our regular review of the court decisions of most interest to construction from Andrew Croft and Ben Spannuth of Beale & Company Solicitors LLP focusing on a case which supports an adjudicator’s ability to grant an extension to the timetable; and one providing a reminder of the importance of clearly drafted, unambiguous contract provisions.
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 Insurance Brokers
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. In this article, Martin Browne and Emmet Cahill discuss the potential ramification of the decision for occupiers and the steps which must be… 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. Following the cancellation of all adjudications, face-to-face conciliations and mediations since 13 March 2020 the WRC has carried out a consultation program with stakeholders to establish a protocol for dealing with complaints during the Covid 19 crisis.… Read More >
Broseley London Ltd v Prime Asset Management Ltd [2020] EWHC 944
June 2020The latest Technology and Construction Court (‘TCC’) judgment on payment and the enforcement of an adjudicator’s decision has been handed down. The Judge applied the “smash and grab” and “pay now argue later” principles as confirmed in the recent Court of Appeal decision of S&T (UK) v Grove Developments Limited. In this article, James Vernon… Read More >
Insurers – How to avoid your policy avoidance decision being overturned by the Court
May 2020In a decision handed down remotely on 21 April 2020, the High Court has held that an Insurer must act fairly and rationally when exercising its discretion to avoid a policy subject to an Innocent Non-Disclosure (“IND”) clause. This is the first time that the High Court has ruled directly on such matters. The Court’s… Read More >