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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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 >
Claims against Approved Inspectors – the latest position
February 2019An Approved Inspector (“AI”) is an individual or organisation that privately and independently verifies that the Building Regulations have been complied with in a building project. This verification used to be conducted by the Building Control departments of the Local Authorities only. In this article, Joanna Lewis and Jason Bird explain what an Approved Inspector… Read More >
Will a change to project bank accounts ease the difficulties felt by many in the construction industry?
February 2019A proposed bill on the use of project bank accounts (PBA) on government and public authority contracts indicates a further step being taken to legislate to ease the payment pressures in the construction industry and in particular the risk on SMEs. In this note, James Vernon explains how this proposed bill will work and how… Read More >
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 >