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.
Article Search
Archives: Articles
Ever been zugzwanged? What chess can teach us about litigation
December 2018Following the exciting climax to the recent FIDE world chess championship in London between Magnus Carlson and Fabiano Caruana, partner, Giles Tagg, writes about how the stratagems in chess and the terms of art involved feed directly into how one might think about litigation and, even, dispute resolution. Please click on the link below to… Read More >
Turf wars – scoping the limitations of a professional’s obligations when working for free
December 2018This article considers the matter of Burgess & Anor v Lejonvarn [2018] EWHC which followed the Court of Appeal decision in 2017 confirming that a duty of care could arise where professional assistance was provided free of charge (Formal Borders? Landscaping the Duty of Care in the absence of contract). A £200,000 claim for negligence was made… Read More >
Marriott suffers data breach affecting 500 million guests
November 2018Marriott has announced it has suffered a security incident affecting approximately 500 million guests who made a reservation at a Starwood Property. James Hutchinson, a Partner at Beale & Co specialising in data protection comments on this breach and the consequences Marriott will have once the ICO start their investigations. To read the full article,… Read More >
Reports from the Courts
November 2018Our regular round up of cases from the courts comes from Andrew Croft and Ben Spannuth, focusing on an appeal court decision with implications for extensions of time; and a Northern Ireland court ruling on a dispute concerning a net contribution clause. To read the full article, please click on the link below.
A brave new world for interim payments?
November 2018In S&T (UK) Limited v Grove Developments Limited [2018] EWCA Civ 2448, the Court of Appeal has confirmed the TCC’s decision on the right of an Employer who fails to provide a Payment Notice or Pay Less Notice to subsequently dispute the amount of that interim payment through adjudication. In this article, James Vernon, Michael… Read More >
Court of Appeal confirms that a solicitor's duty (including a duty to warn) must be determined by the scope of their retainer
November 2018There is no duty to warn a client in respect of a risk falling outside of a solicitor’s retainer – Cathal Anthony Lyons v Fox Williams LLP [2018] EWCA Civ 2347 This case affims that, for the purposes of measuring liability in a professional negligence claim, the scope of a professional’s duty of care must… Read More >
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 >