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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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Insurers' liability for uninsured third party costs – "intermeddling" or not?
The Supreme Court yesterday handed down an insurer-friendly judgment in the case of Travelers Insurance Company Ltd v XYS overturning earlier decisions by the High Court and the Court of Appeal which held insurers liable for third party costs. It held that a liability insurer is not obliged to pay a third party’s costs in… Read More >
Payment provisions in hybrid contracts – C Spencer Limited v MW High Tech Projects UK Limited
In this recent case the Court held that a contractual payment mechanism that is compliant with the Housing Grants, Construction and Regeneration Act 1996 will apply to all payments under a “hybrid” contract. This will include payments due in respect of both construction works and works excluded from the definition of construction operations under the… Read More >
The Workplace Relations Commission (Ireland) Annual Report 2018 – a summary
Earlier this year, the Workplace Relations Commission (“WRC”) in Ireland published its annual report for 2018. The WRC was established in 2015 under the Workplace Relations Act 2015. Its main functions include the promotion and encouragement of compliance with relevant employment law; giving guidance as regards compliance; reviews of workplace relations and the provision of information regarding… Read More >
Coming to Canada: Adjudication
On 1 October 2019, Ontario introduced the final phase of amendments intended to modernise its Construction Act (the “Bill”). Amongst these changes is the introduction of mandatory adjudication for payment related disputes. Nathan Modell and James Hughes explain how the newly introduced adjudication procedure in Ontario compares to the procedure under the Construction Act in… Read More >
The Health & Safety Authority Annual Report 2018 – a summary for the Irish construction sector
The Health and Safety Authority (HSA) has recently submitted its annual report for 2018 to Pat Breen TD, Minister for Trade, Employment, Business, EU Digital Single Market and Data Protection. The HSA is the Irish statutory body responsible for ensuring protection from work-related injury and ill health. This recent report is its third and final… Read More >
Albers, Anderson, Busch, Bueller… Bueller: GDPR revision for those in class
Legislation moves pretty fast. If you don’t stop and look around once in a while, you could miss it. In the middle of the 2017/2018 academic year, General Data Protection Regulation came into force. Educational Establishments faced an influx of alleged Data Protection breach claims. With a new academic year having just begun, Educational Establishments… Read More >
That's the way the cookie crumbles – iPhone users, the Data Protection Act and UK Class Actions
A recent case heard in the Court of Appeal, Lloyd v Google, involves a myriad of issues with points touching on Data Protection law(s) and the development of the ‘UK class action’. It will be of interest to professionals whose day-to-day work involves the retention of their client’s data and/or private information. The decision recognises… Read More >
Vedanta Resources v Zambian State Mining Company ZCCM-IH: Does Anyone Win?
October 2019With over $3 billion invested by Vedanta Resources in Zambia since it became a shareholder in Konkola Copper Mines (KCM) in 2004, it is a less optimistic turn of events with Vedanta Resources and fellow shareholder, the government-owned Zambian State Mining Company ZCCM-IH (ZCCM), being at loggerheads in arbitration. In this post, we examine what… Read More >
Don’t let HS2 send you off the rails
News of the government’s review of HS2 has been somewhat overshadowed from public gaze by the ongoing Brexit turmoil. Nevertheless, it has sent shockwaves through the construction industry. With the project’s total cost having risen from £62bn to between £81bn and £88bn, transport secretary Grant Shapps recently announced that the first phase of the project… Read More >
Privilege in practice, Court of Appeal upholds 16th Century principles – Lee Victor Addlesee v Dentons Europe LLP
We regularly receive requests from third parties for copies of a professional’s file. These requests are often “fishing expeditions”, as a potential claimant seeks to build a claim against professional or the professional’s client. Resisting such requests, where reasonable to do so, is usually the right tactic. Whilst requests for disclosure of an accountant’s file,… Read More >