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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Professional Experts Beware
October 2018In her latest article for Building magazine, Partner, Sheena Sood warns expert witnesses that they can be sued for negligence or parties hit with adverse costs if they fail to fulfil their duties correctly. To read the full article, please click on the link below. This article was published in Building.
Moments of clarity – how a contract is construed (on Appeal): Arcadis Consulting Limited v AMEC (BSC) Limited
October 2018We previously analysed the first instance judgment in this dispute in our article Contract formation and terms – know the limits in November 2016. In this article, Giles Tagg and Jon Quirk explore the key points arising from the Court of Appeal overturning the original decision. To read the full article, please click on the… Read More >
Reports from the Courts
October 2018Our regular round up of the court decisions of most interest to construction from Andrew Croft and Ben Spannuth focuses on an appeal court decision that enforces clear exclusions of liability in commercial contracts; and an appeal in the Scottish courts that will provide comfort to consultants worried about clauses stating that they are fully… Read More >
Causation disputes in brokers' negligence claims following coverage declinature to be determined on a “balance of probabilities” basis
October 2018In a judgment of particular relevance to those involved in claims against insurance brokers, the High Court rejected a Claimant’s submissions that causation ought to be assessed on a “loss of chance” basis, raising the bar for claimants. In this article, David McArdle & Michelle Bakker comment on the Dalamd Ltd v Butterworth Spengler Commercial… Read More >
Arbitration News: Who to arbitrate with?
October 2018Disputes whilst operating in the UAE When agreeing on contract terms, most parties will include a dispute resolution mechanism. Where the parties have agreed to arbitration, usually the arbitration centre will be agreed in the contract. Prior to agreeing on an arbitration centre in a contract, careful consideration should be given to which institution will… Read More >
Good news for consultants and contractors providing collateral warranties to third parties
September 2018In Swansea Stadium Management Company Ltd v City & County of Swansea & Anor [2018] EWHC 2192 (TCC), the TCC has enforced the purpose of a “no greater liability” clause in collateral warranties. In this article Will Buckby and Ahmed Mian discuss the key points of the case and the judgment which brings good news… Read More >
The Insurance Distribution Directive 2018 – the 6 things you need to know
September 2018In the latest edition of The Insider, The Insurance Institute of Ireland’s quarterly magazine, Associate Mary Smith comments on The Insurance Distribution Directive and what you need to know. To read the full issue click of the magazine please click here.
Fraudulent claimants entitled to damages from negligent solicitors
September 2018Professional Indemnity Insurers will be interested in a recent Court of Appeal decision which found that it is not in the public interest to refuse a claimant damages from a negligent conveyancing solicitor, where the underlying transaction was tainted with illegality in Stoffel & Co v Ms Maria Grondona [2018] EWCA Civ 2031 (“Stoffel”). In this article… Read More >
Reports from the Courts
September 2018In the regular round up of the court decisions of most interest to construction comes from Andrew Croft and Ben Spannuth, including one highlighting the need for clear and broad termination provisions; and one confirming that oral agreements to vary contracts containing NOM clauses may not be effective. This article was first published in Construction… Read More >
Spotlight on Ethiopia as it Annuls a Euro 20 million Arbitral Award
August 2018Sadaff Habib, a solicitor in our Dubai office who is also the assistant editor for the Africa region at Kluwer Arbitration Blog, has written her latest article – Spotlight on Ethiopia as it Annuls a Euro 20 million Arbitral Award. In this article, Sadaff addresses the issues that have arisen from the Courts decision, including… Read More >