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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Counting the cost – Court of Appeal finds ATE policy is not sufficient security for costs
December 2017In the highly anticipated first appellate court decision focussing on the adequacy of ATE policies for security of costs, the Court of Appeal in Premier Motorauctions Ltd & Ors v (1) PricewaterhouseCoopers LLP (2) Lloyds Bank PLC [2017] EWCA 1872 overturned the High Court decision and held that the Claimants’ ATE policy without anti-avoidance provisions… Read More >
Morrisons Supermarket data breach case – important issues for the scope of Cyber insurers’ exposure
December 2017Partner, Stephen Reilly, and trainee, Kathryn Willis, discuss the recent High Court judgment following a claim by 5000+ employees of supermarket chain, Morrisons, arising from a data breach. The case raised the important question of whether an employer is vicariously liable under the Data Protection Act for the criminal actions of a rogue employee who… Read More >
Reconsidering Payment and Adjudication: Consultation on the 2011 Changes to the Housing Grants, Construction and Regeneration Act 1996 (the “Construction Act”)
December 2017The UK government is currently consulting (until 19 January 2018) on the impact of the 2011 changes to the Construction Act and whether these changes have met their objectives. In this article, Andrew Croft and Laura Lintott highlight industry concerns in relation to the Construction Act and its impact on late payment. They also consider… Read More >
Disruptors pose “real threat” to innovation aims of highway firms
November 2017At our recent Highways Roundtable event we were delighted to be joined by senior figures from the construction industry who shared with us some thought provoking discussion on the key issues affecting the highways industry now and in the future. We were also joined by the editor of Transportation Professional, the magazine of the Chartered Institution of… Read More >
Reports from the Courts
November 2017Our regular round up of court decisions of most interest to construction comes from Andrew Croft and Simii Sivapalan, who focus on the first judgement concerning building information modelling; and an overturning of an adjudicator’s decision that shows the courts are reluctant to hold terms in a contract void for uncertainty. This article was first… Read More >
A nail in the coffin or a shining light? Concurrent delay exclusions and the ‘prevention principle’ explained
November 2017In an interesting judgment for the construction industry, the TCC in North Midland Building Ltd v Cyden Homes Ltd [2017] considered the enforceability of a bespoke exclusion in respect of concurrent delay and its impact on the ‘prevention principle’. The judgment confirms that parties can agree at the outset of a contract, who bears the… Read More >
Show me the money
November 2017In the latest article for Building, Sheena Sood, provides comment on the potential impact of the new Pre-Action Protocol for Debt Claims which will apply to any business wishing to pursue monies owed by an individual or a sole trader on or after 1 October 2017. To read the full article, please click on the… Read More >
Managing (client) expectations: The extent of an architect’s duties in relation to their client’s budget
November 2017Nathan Modell and Elizabeth Andrews discuss the recent judgment in Riva Properties Ltd & Ors v Foster + Partners Ltd. In this case, where the claimant sought the recovery of losses of over £16m, Mr Justice Fraser considered the scope of an architect’s duty of care owed towards his client in relation to costs. to… Read More >
To exclude or not to exclude – that is the question.
November 2017In Crowden v QBE Insurance (Europe) Ltd, the High Court has given important guidance on how insurance policy exclusion clauses should be interpreted. The Court’s decision will be welcomed by Insurers generally. Stephen Reilly (Partner) and Fiona Murphy (Associate) discuss this case further here.
Warranty and Indemnity Insurance – bridging the gap between Buyers’ and Sellers’ risk appetites
October 2017In the first in a series of articles on the W&I insurance market, Stephen Reilly, Partner, and Jason Bird, Trainee, overview the market for this increasingly used insurance product which oils the wheels of M&A transactions around the world and consider the benefits, insurers’ risk appetite and W&I claims experience.