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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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Operation of a structural defects insurance policy by the Court of Appeal
December 2019Earlier this year, we considered the judgment of the Technology and Construction Court (“TCC”) in Zagora Management Ltd and others v Zurich Insurance plc and others [2019]. In our article (here), we focused on the court’s consideration of claims against the Approved Inspector (“AI”) and noted, in particular, the high hurdle a claimant must overcome in order to succeed in such a claim. The Court… Read More >
FOS decision to reject complaint on causation grounds
December 2019In the recent case of R (Critchley) v Financial Ombudsman Service and two others [2019] EWHC 3036 the High Court upheld a decision by the Ombudsman to reject a PPI misselling complaint on causation grounds. The application of legal principles such as causation by the Financial Ombudsman Service (“FOS”) is a relatively unusual move, and… Read More >
Reports from the Courts – November
November 2019In our latest report on the cases of most relevance to construction from Andrew Croft and Ben Spannuth analyse one which shows that the courts will not permit an action to be brought in breach of an agreement containing a dispute resolution procedure; and another from Scotland that increases certainties surrounding collateral warranties. To read… Read More >
Maintenance, is it WELCARed for? Maintenance cover on offshore projects – CAR policies and the 2001 WELCAR terms
November 2019In a rare court decision on matters relating to construction all risk insurance policies, in the case of Munich Re Capital Limited v Ascot Corporate Name Limited [2019] the Commercial Court considered the application of maintenance cover under the provisions of an Offshore Construction All Risks (“CAR”) policy on WELCAR 2001 Offshore Construction Project Policy… Read More >
Supreme Court judgment on claims for lost opportunity – subsequently acquired evidence is not a “knock-out blow”
November 2019Edwards on behalf of the estate of the late Thomas Arthur Watkins (Respondent) v Hugh James Ford Simey Solicitors (Appellant) In this much anticipated judgment on a claim arising from the handling of VWF litigation against British Coal Corporation (“British Coal”), the Supreme Court considered the correct approach to adopt in lost opportunity claims –… Read More >
Dickie & Moore Ltd v The Trustees of The Lauren McLeish Discretionary Trust – Severing an Adjudicator's Award
November 2019In this case in the Scottish Court of Session the court has given some useful guidance as regards the severability of adjudicators’ decisions. Though a Scottish decision, it is likely to be followed by the courts in England and Wales and, as such, is of interest to anyone who may be considering applying for severance… Read More >
Building a safer future – recent key developments
November 2019In this note, Sheena Sood and Joanna Lewis provide an update that looks at the recent key developments in the steps towards building a safer future including the publication of the Phase 1 Report from the Grenfell Tower Inquiry and a look at what the future may hold. To read the note, please click on… Read More >
Meadowside Building Developments Ltd v 12-18 Hill Street Management Company – Insolvency and Adjudication
November 2019This decision by the TCC provides further consideration of the right of a company in liquidation to refer a dispute to adjudication. It follows the earlier Court of Appeal decision in Bresco Electrical services Limited (in liquidation) v Michael J Lonsdale (Electrical) Ltd (“Bresco”) which we considered in an article earlier this year. In this… Read More >
Onerous terms must be resisted
November 2019In this month’s edition of Construction Law, guest editors Will Buckby and Madeleine Kelly report that increasingly onerous conditions are being imposed on consultants, some which may not be covered by professional indemnity insurance. Consultants must be prepared to ‘walk away’ when conditions attempt to impose risks that cannot be properly managed, they urge. This… Read More >
Reports from the Courts – October
October 2019Our regular round up of the cases of most relevance to construction from Andrew Croft and Ben Spannuth focusses on a case highlighting that the courts will accept the natural and ordinary meaning of words unless there is evidence to the contrary; and another underlining the importance of clearly pleading your case and fully particularising… Read More >