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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Arbitration News: Memorials or pleadings? A cultural conflict
May 2018A leading construction QC believes “memorials are suggested in 40% of construction arbitrations. 10 years ago this was never the case”. The clash of memorials and pleadings is a cultural one and has been one of intense debate in the international arbitration sector. What is the difference between memorials and pleadings? The real difference between… Read More >
Periodic Payments in Catastrophic Injury Cases – A welcome development for Insurers
May 2018Legislation allowing the Irish courts to make Periodic Payment Orders (“PPOs”) has been almost eight years in the making. They were first called for in the 2010 Report of the High Court Working Group on Medical Negligence and Periodic Payments. In this article, Niamh Loughran and Cian O’Gorman discuss this new legislation and how it… Read More >
Insurers seeking to join themselves to proceedings – a new development?
May 2018It seems unusual that an insurer would actually seek to join itself to a set of existing proceedings. However such an application was the subject of a recent High Court decision delivered on 19 April 2018. In this article, Sarah Conroy and Jennifer Havard explain the decision and discuss the impact this will have on… Read More >
New UAE Federal Arbitration Law
May 2018The long anticipated UAE Federal Arbitration Law is issued by the President of the United Arab Emirates. Earlier this year it was announced that the UAE Federal National Council had approved a draft UAE Federal Arbitration Law and that the draft law had been submitted to the President of the UAE for approval. In an… Read More >
The Dreamvar Appeal: Material changes to the exposure of solicitors caught up in fraudulent property transactions
May 2018Conveyancers and their Insurers will note material changes to their claim exposures following this week’s Court of Appeal decision writes Stephen Reilly, Partner, and Lisa Henty, Associate. The Appeal decision means that the seller’s solicitors, as well as the buyer’s solicitors, are now squarely exposed to liability in the case of an impostor property seller.
Cost Protection – Tenders/Lodgements
May 2018A recent Irish Supreme Court decision of particular interest to insurers regarding Tenders and Lodgments is its judgment in Reaney & Ors v Interlink Ireland Ltd. In this article, Lasairfhiona Ni Laighin and Jennifer Havard discuss this matter, and explain the clarification of the law concerning Tenders/Lodgments. To read the full article, please click here.
The new CIC BIM Protocol – what’s changed?
May 2018Construction analysis: The Construction Industry Council (CIC) has recently published thesecond edition of its Building Information Modelling (BIM) protocol. Andrew Croft, associatein the construction and engineering group at Beale & Company, and lead consultantresponsible for drafting the new protocol, explains the key changes that have been made.
Will the proposed retention deposit scheme ease pressure?
May 2018Following the introduction of a Private Members Bill to protect retentions, draft wording to legislate for a retention deposit scheme has been published. We have previously reported on the Government’s consultation on the use of cash retentions in the construction industry, which concluded in January 2018. In this article, James Vernon considers the draft Construction… Read More >
Reports from the Courts
May 2018In our regular round up of cases of most interest to construction, Andrew Croft and Ben Spannuth look at: a significant case regarding payment under the Construction Act in the absence of a pay less notice, which could lead to a reduction in “smash and grab” adjudications. a rare case considering a Pre-Construction Services Agreement,… Read More >
Modern methods and the law
April 2018In her latest article for Building magazine, partner, Sheena Sood, considers the growth of offsite construction methods and the legal implications associated with their use. Traditional construction contracts and subcontracts may not be appropriate for offsiteconstruction. Now that innovative construction techniques are transforming the way we design and build, the legal and insurance industries should recognise the need for… Read More >