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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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Highways England’s Smart Motorways Alliance
August 2018Highways England has announced plans to procure Smart Motorways through a ten year alliance arrangement, as part of a new business model expected to deliver £400m-£600m a year of work. The proposed model, of the type operated in the water and rail industries, is a radical new plan for highways. Given the shared risk and… Read More >
Is insolvency a bar to an adjudicator’s jurisdiction?
August 2018A recent decision in Michael J Lonsdale (Electrical) Limited v Bresco Electrical Services Limited (In Liquidation) [2018] (TCC) has held that a company in liquidation cannot refer a dispute to adjudication when that dispute includes (whether in whole or in part) determination of any claim for further sums said to be due to the referring… Read More >
Construction Update: Improving payment practices and the thorny issue of retention
August 2018Payment remains a hot topic in the construction industry. Many SMEs are still feeling the pinch from Carillion’s administration while larger firms are trying to balance the growing calls for fairness in payment provisions with tighter margins. In August’s edition of our Construction Update, James Vernon looks at the issue of payment practices and retention.… Read More >
Health and Safety Authority Annual Report 2017 – Key Points in Relation to Construction Matters
August 2018The Health and Safety Authority (“HSA”) recently published its Annual Report for 2017. It is the second Annual Report to be published under the Authority’s strategy for 2016 to 2018. The HSA is responsible for ensuring adherence with health and safety legislation across a diverse range of sectors including agriculture, chemicals and construction. In this… Read More >
Government publishes the Report of the Fire Safety Task Force
August 2018The government has published the Report of the Fire Safety Task Force, which was commissioned to review and make recommendations on fire safety in Ireland. The Report primarily focused on two areas: high-rise buildings and multi-storey, multi-unit social housing, but the findings also contain recommendations in relation to a broader review of existing fire safety… Read More >
Does a solicitor need to point out their opponent's mistakes?
August 2018The court considers on appeal whether a defendant can take advantage of a claimant’s error, following the surprising first-instance decision in Woodword v Phoenix Healthcare earlier this year. In this article, Andrew Jones discusses this appeal decision, and the impact it will now have on cases such as these going forward. To read the full… Read More >
Collateral Warranties in focus
August 2018Collateral warranties are part and parcel of any large construction project. With onerous and often uninsurable terms increasingly being sought by funders in particular, in this article Cathie Shannon and Mary Smith consider the provisions to be found in a typical collateral warranty and the steps that might be taken by consultants and contractors to… Read More >
The cyber threat to the UK legal sector
July 2018The National Cyber Security Centre’s July 2018 report focuses on the cyber risks that law firms face. Stephen Reilly and Sophie-Rose Bowen highlight the key issues arising. To read the full article, please click on the link below.
Arbitration News: Anti-arbitration and anti-suit injunctions
July 2018Two recent cases have shone light on the English court’s approach in granting anti-arbitration and anti-suit injunctions. Despite some concerns with the controversial nature of anti-arbitration injunction they remain a possible tool to restrain another party from commencing or participating in arbitration proceedings. Anti-suit injunctions, when ordered by the court, prevent the opposing party from… Read More >
Are expert reports obtained by insurers legally privileged?
July 2018In a recent Irish High Court case, Artisan Glass Studio Limited v The Liffey Trust Limited and others [2018] IEHC 278, the Plaintiff challenged a claim to privilege asserted by a Defendant in respect of two expert engineering reports obtained. Cathie Shannon and Mary Smith comment on this case and address issues that can arise… Read More >