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
Government publishes the Report of the Fire Safety Task Force
August 2018The government has published the Report of the Fire Safety Task Force, which was commissioned to review and make recommendations on fire safety in Ireland. The Report primarily focused on two areas: high-rise buildings and multi-storey, multi-unit social housing, but the findings also contain recommendations in relation to a broader review of existing fire safety… Read More >
Does a solicitor need to point out their opponent's mistakes?
August 2018The court considers on appeal whether a defendant can take advantage of a claimant’s error, following the surprising first-instance decision in Woodword v Phoenix Healthcare earlier this year. In this article, Andrew Jones discusses this appeal decision, and the impact it will now have on cases such as these going forward. To read the full… Read More >
Collateral Warranties in focus
August 2018Collateral warranties are part and parcel of any large construction project. With onerous and often uninsurable terms increasingly being sought by funders in particular, in this article Cathie Shannon and Mary Smith consider the provisions to be found in a typical collateral warranty and the steps that might be taken by consultants and contractors to… Read More >
The cyber threat to the UK legal sector
July 2018The National Cyber Security Centre’s July 2018 report focuses on the cyber risks that law firms face. Stephen Reilly and Sophie-Rose Bowen highlight the key issues arising. To read the full article, please click on the link below.
Arbitration News: Anti-arbitration and anti-suit injunctions
July 2018Two recent cases have shone light on the English court’s approach in granting anti-arbitration and anti-suit injunctions. Despite some concerns with the controversial nature of anti-arbitration injunction they remain a possible tool to restrain another party from commencing or participating in arbitration proceedings. Anti-suit injunctions, when ordered by the court, prevent the opposing party from… Read More >
Are expert reports obtained by insurers legally privileged?
July 2018In a recent Irish High Court case, Artisan Glass Studio Limited v The Liffey Trust Limited and others [2018] IEHC 278, the Plaintiff challenged a claim to privilege asserted by a Defendant in respect of two expert engineering reports obtained. Cathie Shannon and Mary Smith comment on this case and address issues that can arise… Read More >
A costly failure to consider a reasonable offer of settlement
July 2018Cathie Shannon and Mary Smith consider a recent Irish High Court decision, which highlights the importance for parties to give due consideration to compromising their proceedings without the need for a hearing. It also provides a warning to Plaintiffs who choose to ignore reasonable offers of settlement made during the course of proceedings. To read… Read More >
PPPs in Oman – what will a new PPP law mean?
July 2018PPP project contracting is commonly used for public infrastructure projects such as new roads, hospitals, schools, telecommunication systems, airports or power plants. After a quarter of a century from Oman’s first PPP project, it is now on the verge of issuing a new PPP law. Oman will also establish a dedicated authority to oversee the… Read More >
Getting personal – Court strikes out £0.5 million claim due to solicitor's defective service of proceedings
July 2018The importance of always checking the validity of service. Judgement was handed down yesterday in Peak Health Distribution Limited v Harris Lacey & Swain (a partnership) (2018), where the High Court held there was no “good reason” for retrospectively validating a solicitor’s defective attempt at personal service. The Court struck out the £0.5m claim against… Read More >
Japanese Knotweed – A recent development
July 2018A decision by the UK Court of Appeal on 3 July last dismissed Network Rail’s appeal of the decision of Mr Recorder Grubb in Cardiff County Court on 2 February in relation to a number of private nuisance claims. As previously discussed in an earlier article, Japanese Knotweed – What a nuisance, neighbours Stephen Williams… Read More >