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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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Muhammad Tayyad v Rilta Environmental Limited [2020] IEHC 251
June 2020In a recent decision, the High Court confirmed the position in relation to Section 12 of the Personal Injuries Assessment Board Act 2003 and the preservation of evidence thereunder. In this article, Martin Browne and Carina Schauer examine the facts of this case and how the extent of the Court’s jurisdiction to make an order… Read More >
Update on UK Government Furlough Scheme
June 2020The 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. In this article, Michael Archer provides an update on the… Read More >
Insolvent Companies and Adjudication: Bresco Services Limited v Michael J Lonsdale [2020] UKSC 25
June 2020In this article, James Vernon and Charlotte Gooch discuss the much-anticipated Supreme Court decision in Bresco Electrical Services Ltd v Michael J Lonsdale (Electrical) Ltd [2020], which has 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… Read More >
Case Review: Blackpool Borough Council v VolkerFitzpatrick & Ors [2020] EWHC 1523 (HHJ Davies)
June 2020In this article, Keith Lonsdale and Tristan Riley discuss a recent decision in the Technology and Construction Court highlighting the importance of defining clearly your contractual ‘design life’ expectations.
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 payment process precludes a party from… 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. 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 >