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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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Essex County Council v UBB Waste (Essex) Limited 2020 EWHC 1581 (TCC)
July 2020The TCC recently issued its judgment following a six-week trial heard before Mr Justice Pepperall last year. The judgment has widespread implications as it entitles Essex County Council to terminate a PFI contract worth approximately £800m. In this article, Antony Smith and Emily Hunt provide a background of this case, the decision and also how… Read More >
Essex County Council v UBB Waste (Essex) Limited 2020 (EWHC 1581 (TCC))
June 2020The TCC recently issued its judgment following a six-week trial heard before Mrs Justice Pepperall last year. The judgment has widespread implications as it entitles Essex County Council to terminate a PFI contract worth approximately £800m. The case also provides useful guidance on the implied duty of good faith and it also stresses the importance… 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 >
COVID-19: Law Society’s guidance on the use of virtual execution and e-signatures
June 2020Background The Law Society has recognised the current pandemic and social distancing rules has increased the need for solicitors and clients to be able to close deals without being face to face. This has led to an increase in the use of virtual executions and the use of e-signatures as a practical means for completing… Read More >
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 (‘the PIAB Act’) and the preservation of evidence thereunder. The issue addressed concerned the extent of the Court’s jurisdiction to make an order for the preservation of evidence in relation to personal… 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. The scheme, which was originally set up for 3 months… Read More >
Insolvent Companies and Adjudication: Bresco Services Limited v Michael J Lonsdale [2020] UKSC 25
June 2020The much-anticipated Supreme Court decision in Bresco Electrical Services Ltd v Michael J Lonsdale (Electrical) Ltd [2020] has now 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 available by default. The Supreme Court judgment in Bresco… Read More >
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 >