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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A practical guide to Adjudication under the Construction Contracts Act 2013
December 2020Adjudication under the Construction Contracts Act 2013 (the ‘Act’) is a very accessible and efficient method of resolving payment disputes on construction projects. It is available “at any time” and a binding decision is usually provided within 28 days from the date the Referring Party (the claimant) delivers its initial claim submission. The result is… Read More >
Government plan goes to waste
November 2020The Department for Environment, Food and Rural Affairs (Defra) has consulted on a revised Waste Management Plan for England (“the Plan”). The consultation, which ended on 20 October, forms part of the requirements stipulated in the Waste (England and Wales) Regulations 2011 (“the Waste Regulations”) to revise the Plan every six years (and will replace… Read More >
Global Vantage: Anti-Suit Injunctions: Coming to a Court near you?
November 2020Anti-suit injunctions (‘ASIs’) prevent a party that is subject to the issuing court’s jurisdiction from commencing or continuing with proceedings in a foreign jurisdiction. Earlier this month, the DIFC Courts reportedly granted their first ASI, representative of a wider trend that we have seen in recent years where ASIs are sought in the context of… Read More >
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 >