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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Insolvency and adjudication – an exercise in futility?
February 2019A recent decision by the Court of Appeal on two first instance decisions has confirmed whether companies in liquidation or in a Company Voluntary Arrangement (“CVA”) can commence adjudication proceedings. The judgment also provides clear guidance on challenges to an adjudicator’s jurisdiction, which is of importance to all involved in adjudications. In this article, James… Read More >
A harsh environment – Rising penalties for polluters
January 2019The Environment Agency has highlighted that in November of last year, Wessex Water offered the largest ever enforcement undertaking, amounting to £975,000. Michael Salau comments on this enforcement undertaking and how water and waste companies appear to be at the forefront of convictions and undertakings. To read the full article, please click on the link… Read More >
Arbitration News: From the Courts – to challenge, or not to challenge?
January 2019Two decisions in the Technology and Construction Court (in the cases of A v B [2018] EWHC 3366 (TCC) and Bond v Mackay and Others [2018] EWHC 2475 (TCC)) have provided some useful guidance and clarification on the grounds for challenging an Arbitrator’s award. The cases focus on the Court’s discretion to vary an award… Read More >
The Building (Amendment) Regulations 2018. The ban on combustible materials; what is it and what next?
January 2019On 21 December 2018, an outright ban on the use of combustible materials on the exterior of new residential buildings over 18 metres in height came in to force. In this note, Nathan Modell and Sophie-Rose Bowen explain what is (and is not) included in the amended regulations and possible further developments. To read the… Read More >
Irish Government’s announcement of draft legislation for a temporary run-off regime
January 2019On 17 January 2019 the Irish government announced that it is drafting legislation which would provide a temporary run-off regime allowing UK and Gibraltar based Insurers and brokers to continue to service existing insurance contracts with Irish policyholders in the event of a ‘no-deal’ Brexit. More information can be found in the full update using the… Read More >
Brexit Update: No deal Brexit? The UK to remain part of the Hague Choice of Court Convention in the event of a no-deal.
January 2019On 28 December 2018 the UK submitted its instrument of accession to the Hague Convention on Choice of Court Agreements 2005 to ensure that it will continue to apply in the event of a no-deal Brexit. In this article, Anna Braden and Kevin Henderson provide an insight into this, and how a no-deal Brexit could… Read More >
2019 – The year ahead in construction
January 2019Senior Partner Sheena Sood has written a preview of what 2019 will hold for theconstruction industry from a legal point of view in Building Magazine. In it she discusses the skills gap, the ban of ACM cladding, the Building Regulations and modular construction. You can read her article here.
The Vacant Housing Refurbishment Bill 2017: A constructive step towards the refurbishment of our planning and business processes?
January 2019In a move to respond to some of the shortfalls in the planning process, the Vacant Housing Refurbishment Bill, 2017 was published by the legislature and is currently at the Third Stage before Dáil Éireann. In this article, Sarah Conroy and Cian O’Gorman explain the intended function of the Bill, and how it will facilitate… Read More >
Construction MA – Review of 2018
January 2019Last year saw significant corporate and M&A activity in the construction sector. There was the negative impact of the collapse of Carillion, but also positive M&A Activity. 2019 looks like it will be a busy year with continuing uncertainty over Brexit, increased interest from overseas buyers and with succession planning an ongoing driver for deal… Read More >
New Disclosure Rules in Effect from 1 January 2019
January 2019On 1 January 2019, a new set of Disclosure rules came into effect in the Business and Property Courts of England and Wales, notably this includes the Technology and Construction Court. In this article, Ian Masser and David Murphy discuss these new rules, and the effect they will have on matters for the next two… Read More >