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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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Arbitration News: Challenges to arbitrator’s appointment
May 2019Challenges to an arbitrator’s appointment are not everyday events, and successful challenges are rare. However, there may be instances where a party is dissatisfied with the arbitrator/s appointed and may seek to remove them from the tribunal. The party challenging the arbitrator should be aware that the hurdle to success is set high and so… Read More >
Ready, set, accelerate! Construction acceleration in the UAE
May 2019Under UAE law, there is no recognised concept of constructive acceleration and a Contractor who incurs additional expense to mitigate an Employer caused delay will not automatically be entitled to recover those costs. In this article Scott Lambert and Jeremy Russell look at the position at law and under the contract, what to do and… Read More >
Breach of Warranty and the correct measure of loss. Novel “loss of chance” argument fails in the High Court
April 2019In Oversea-Chinese Banking Corp LTD v ING Bank NV (2019) [2019] EWHC 676 (Comm) the Claimant ran a novel argument on its breach of warranty claim where it did not plead diminution in value of the shares as the measure of loss in relation to a £14.5m breach of Warranty claim that the Target’s accounts failed to… Read More >
Are you entitled to your money back in the event of a cancellation of a flight?
April 2019This is governed by Article 8(1) of Regulation (EC) 261/2004. The CJEU gave a preliminary ruling on this point on 12 September 2018. The ruling concerned the interpretation of Article 8(1)(a) of the Regulation which establishes common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long… Read More >
Joint Ventures – Strength in numbers
April 2019More and more work is being done under the form of a joint venture (“JV”), particularly on rail and infrastructure projects. JVs present opportunities for parties to spread financial risk (including costs and liabilities) whilst pooling their resources and expertise to provide a well-rounded and innovative offering to their clients. Such arrangements are particularly common… Read More >
Liberty GTS and consortium of insurers pay out €50 million FSN Capital W&I claim
April 2019The buyer side W&I policy was issued for FSN Capital’s acquisition of Gram Equipment from Swedish-based Procuritas in January 2018. FSN Capital filed its insurance claim in June 2018 claiming the seller had breached several of the warranties in the share purchase agreement, including warranties on the seller’s duty of loyal disclosure and accounting material… Read More >
Deadlock: Uncertainty grows as the Brexit process stalls
April 2019Following on from the last article on Brexit, Blogging the B-Word, Will Buckby and Kevin Henderson provide a quick recap of the Brexit process to date and analyse the effects of the current market uncertainty on the construction supply chain. To read the full article, please click on the link below.
The same or substantially the same dispute?
April 2019In Hitachi Zosen Inova AG v John Sisk & Son Ltd [2019] EWHC 495 (TCC), Stuart-Smith J decided that even if an earlier adjudication had concluded that a variation was valid and its value was ‘£nil’ for the purposes of a payment application (due to lack of evidence), the decision made in a subsequent adjudication… Read More >
Let's agree to disagree! Arbitration: A preferred mechanism of alternative dispute resolution
March 2019Antony Smith has contributed to the Driver Trett Digest published this month with his article ‘Let’s agree to disagree!’. With construction companies doing more and more business overseas, Antony discusses arbitration as a preferred mechanism of alternative dispute resolution.
Further focus on sentencing for Health & Safety Offences
March 2019A construction company has been fined £900,000 after an employee died when he was struck by a retaining wall which collapsed as it was being backfilled. As this case demonstrates, fines for breaches of Health & Safety legislation have increased since the Sentencing Guidelines came into effect of 1 February 2016. The proposed further changes… Read More >