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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Material misrepresentation: easy to allege – harder to prove
July 2025Executive Summary The Insurance Act 2015 has raised the bar for insurers seeking to rely on misrepresentation or material non-disclosure as a basis for avoiding cover. Recent case law shows that courts require clear pleadings and well-documented underwriting as well as documentary evidence of how the underwriter would have acted differently had the material information… Read More >
Data (Use and Access) Bill receives Royal Assent
July 2025The Data (Use and Access) Bill received Royal Assent on 19 June 2025 and is now the Data (Use and Access) Act (DUA Act). The DUA Act introduces amendments to the UK GDPR, the Data Protection Act 2018 and the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2003/2426) (PECR). It builds on existing… Read More >
Ignorance of a state of affairs is not sufficient for section 6(4): GGHB v Multiplex & Ors
July 2025Prescription remains a very hot topic and in this article we look at the Court of Session’s approach to the application of Section 6(4) and the evidence relied upon by Greater Glasgow Health Board (“GGHB”) in seeking to postpone the prescriptive period. This recent decision is important for both Insurer / Insured clients as prescription… Read More >
URS Corporation Ltd v BDW Trading Ltd – how construction professionals can mitigate risk
July 2025The Supreme Court’s decision in URS Corporation Ltd v BDW Trading Ltd is the latest in a series of judgments that underscores the increasing difficulty of defending building safety claims. Increasingly, the courts are placing more emphasis on public interest and the moral imperative of addressing dangerous building defects. This is evident in how post-Grenfell… Read More >
FROM POLLS TO PROTESTS: NAVIGATING POLITICAL VIOLENCE IN A TURBULENT AGE
July 2025As we move into the second half of 2025, the insurance market faces a political violence (“PV”) landscape that is not only intensifying but also evolving in unpredictable and complex ways. Events are more frequent, longer lasting and harder to classify. For insurers, brokers, and policyholders alike, the shifting landscape demands a proactive and informed… Read More >
Dubai Municipality suspends two engineering firms: new rules and risks for construction consultants
July 2025Dubai Municipality has announced that the Committee of Registration and Licensing the Practice of Engineering Consultancy and Contracting has issued a decision to suspend two engineering consultancy firms and bar them from licensing any new projects for a period of six months. According to the Municipality, the consultants’ conduct not only breached established standards but… Read More >
Are civil engineers playing fair? CMA investigates UK infrastructure
July 2025Introduction On 19 June 2025, the Competition and Markets Authority (CMA) launched a market study into the design, planning, and delivery of railway and public road infrastructure within the civil engineering sector. The CMA is inviting submissions until 17 July 2025[1]. Market studies allow the CMA to examine whether markets are functioning effectively and consumer… Read More >
Contractual implications of the URS v BDW judgment and risk management
July 2025In May this year, the Supreme Court handed down judgment in URS Corporation Ltd v BDW Trading Ltd. We previously commented on the impact of this decision on building safety claims here, and this note will cover the contractual implications of the judgment with some potential tips for parties in projects. Background In summary, BDW… Read More >
Using WhatsApp to negotiate the terms of a ‘construction contract’
July 2025“… Are we saying it’s my job mate?”, is a question posed in the case below, and one that no doubt every contractor will ponder after allocating a considerable amount of time and resources to preparing and submitting a competitive tender to secure work on a new construction project. For some projects, a contractor may… Read More >
UK Government announces its new 10 Year Infrastructure Strategy – good news for the industry?
July 2025The UK Government has now published its 10 Year Infrastructure Strategy designed to provide long-term stability and drive economic growth. Covering everything from nuclear fusion to digital connectivity, transport, construction, social housing, schools and jobs it is an ambitious long-term programme backed by at least £725 billion of government funding over the next decade. It… Read More >