Articles
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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Cladding Claims: Apportioning liability – an Australian Perspective
March 2019A fact specific recent decision by the Victorian Civil and Administrative Tribunal in Australia has found that the contractor was liable to pay damages caused by a cladding fire, which occurred in November 2014. However, the contractor was successful in passing on the liability to the fire engineer, building surveyor and architect on the project.… Read More >
True value adjudication: no right to set-off against a smash and grab
March 2019M Davenport Builders Ltd v Greer & Anor [2019] EWHC 318 (TCC) is one of the first cases to consider the enforcement of a ‘smash and grab’ adjudication since the landmark ruling in Grove Developments Limited v S&T (UK) Limited [2018] was affirmed by the court of appeal. In this article, James Vernon and Charlotte… Read More >
Blogging the B-Word
March 2019With the planned Brexit Day fast approaching on 29 March, understandably we’ve seen an increase in queries and requests for advice relating to Brexit. In this blog, Will Buckby comments on how Brexit might impact the construction industry, and gives an insight in to some of the risks that need to be considered and suggests… Read More >
Arbitration in Saudi Arabia – meeting the goals of Vision 2030
March 2019Through the Vision 2030 initiative, KSA’s Crown Prince has promoted the development of new infrastructure, manufacturing hubs, housing, transport and commercial spaces. However, despite the attractive commercial offering that KSA provides, many in the market appear to be taking a cautious approach when it comes to doing business in the region citing concerns regarding payment,… Read More >
Waste Crime – The New Narcotics
February 2019The Environment Agency reports that, after the conclusion of a Proceeds of Crime hearing in February 2019, a man already serving over 7 years in prison for WEEE evidence fraud has been ordered to pay back £1,373,060. The Waste Electrical and Electronic Equipment (“WEEE”) Regulations 2013 impose requirements regarding the recovery, reuse, recycling and treatment… Read More >
High Court finds Brexit did not frustrate lease – impact on construction contracts
February 2019The European Medicines Agency (EMA) has lost a High Court challenge brought by the Canary Wharf Group (CW) over the potential termination of its 25-year office lease. The decision will be of interest to those reviewing and negotiating construction contracts in light of Brexit. In this article partner, James Hutchinson, discusses the background of the… Read More >
Examining Educational Negligence Claims (as in an actual exam!)
February 2019For many years now, negligence claims against Accountants, Solicitors and Construction Professionals have formed the core subjects on the Professional Indemnity Insurance curriculum. Recently we have seen an increase in negligence claims being pursued against Educational Providers, such that they appear to be becoming a more prominent topic within the Professional Indemnity market. In this… Read More >
The arbitrator's role and powers under the new UAE Arbitration Law
February 2019For 26 years, arbitration in the UAE was governed by the infamous provisions Articles 203-218 of Chapter III of the Federal Civil Procedure Law No.11 of 1992 (the “Old Law). Last year the arbitration community gladly welcomed the enactment of the Federal Law No.6 of 2018 on Arbitration (the “New Law”), based primarily on the… Read More >
Supreme Court hands down judgment in Perry v Raleys Solicitors
February 2019The Supreme Court has handed down its long awaited Judgment on the appeal brought by the defendant solicitors in the case of Perry v Raleys Solicitors. In this article, Scott Ashby and Michelle Bakker discuss this significant Judgment for defendant firms of solicitors and their professional indemnity insurers. The Supreme Court has today confirmed that… Read More >
Warranty and Indemnity insurance and tax
February 2019W&I insurance and tax. The ECJ has confirmed (19 January decision) in A Ltd v Veronsaajien that for cross-border transactions, insurance premium tax is payable in the country where the policyholder is based i.e. where the contractual risk is, rather than where the target company is based, writes Partner Stephen Reilly. Rates vary across Europe… Read More >