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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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Case review: Blackpool Borough Council v VolkerFitzpatrick & Ors [2020] EWHC 1523 (HHJ Davies)
June 2020A 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)
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 process preclude a party from adjudicating… Read More >
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. 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
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 >
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 >