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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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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 >
Arbitration News: From the Courts – to challenge, or not to challenge?
January 2019Two decisions in the Technology and Construction Court (in the cases of A v B [2018] EWHC 3366 (TCC) and Bond v Mackay and Others [2018] EWHC 2475 (TCC)) have provided some useful guidance and clarification on the grounds for challenging an Arbitrator’s award. The cases focus on the Court’s discretion to vary an award… Read More >
The Building (Amendment) Regulations 2018. The ban on combustible materials; what is it and what next?
January 2019On 21 December 2018, an outright ban on the use of combustible materials on the exterior of new residential buildings over 18 metres in height came in to force. In this note, Nathan Modell and Sophie-Rose Bowen explain what is (and is not) included in the amended regulations and possible further developments. To read the… Read More >
Irish Government’s announcement of draft legislation for a temporary run-off regime
January 2019On 17 January 2019 the Irish government announced that it is drafting legislation which would provide a temporary run-off regime allowing UK and Gibraltar based Insurers and brokers to continue to service existing insurance contracts with Irish policyholders in the event of a ‘no-deal’ Brexit. More information can be found in the full update using the… Read More >