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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Reports from the Courts
March 2018Our review of the most important court cases for construction comes from Andrew Croft and Simii Sivapalan, focusing on a Court of Session ruling highlighting that contractual rights of set-off may be used as a defence in respect of any additional assessment for payment under a payment certificate, even in the absence of pay less… Read More >
Construction Horizon Scanner 2018 – what should consultants and contractors be aware of?
March 2018Here we consider the legal issues that consultants and contractors should keep in mind during 2018. For further information on anything covered in this please contact Will Buckby.
Law Update – A new Arbitration Law for the UAE
March 2018Last year, Sadaff Habib discussed the prospect of a new arbitration law being enacted for the UAE (here). In this note, Sadaff provides an update on the draft UAE Federal Arbitration Law (FAL) that was recently approved by the UAE National Council and what it may mean for the UAE. To read the full article,… Read More >
Notification under Professional Indemnity Policies: How much knowledge is enough?
March 2018The High Court’s decision in Euro Pools plc (in administration) v Royal and Sun Alliance Insurance plc [2018] EWHC 46 (Comm), contains an interesting analysis of notifications of circumstances under professional indemnity policies. In this article, Ian Masser & Michael O’Brien provide an insight in to this case and explain how the decision emphasises the… Read More >
W.L. Construction Limited v Charles Chawke and Edward Joseph Bohan – Lifting of the Corporate Veil
March 2018On 19 May 2017, Mr Justice Noonan lifted the corporate veil and agreed to join the director of the Plaintiff company to proceedings for the purpose of making him personally liable for the costs associated with High Court proceedings which had been dismissed by him. In this article, Sarah Conroy and Karen Elliott discuss this… Read More >
Japanese Knotweed – What a nuisance
March 2018There has been considerable media coverage in recent times in relation to the prevalence of Japanese Knotweed and other Invasive Alien Plant Species (IAPS) in building sites and in close proximity to dwellings and the risks associated with this. Sarah Conroy discusses this from a legal perspective and the considerable impact this could have on… Read More >
Farewell to Smash and Grab Adjudications? The TCC Weighs In
March 2018In Grove Developments Ltd v S&T (UK) Ltd [2018] EWHC 123 (TCC), the TCC has provided guidance on the right of an Employer who fails to provide a payment notice or pay less notice to subsequently dispute the amount paid through adjudication. James Vernon and Michael O’Brien discuss this case, and how it will potentially… Read More >
Arbitration News: Tackling non-payment
February 2018What are the options when a Defendant does not pay what is due under an arbitral award Whilst there are no league tables or rankings as to which states, or companies, are the best or worst at paying out on arbitration awards made against them, it is clear that non-payment of an award is not… Read More >
Litigants in Person – not exempt from the strict rules on service
February 2018The Supreme Court handed down its judgment today on whether litigants in person can be excused from strict compliance with the rules on service. Those who have the pleasure in defending claims by litigants in person can breathe a sigh of relief as the answer is no, albeit only a majority of 3:2. Rhian Howell… Read More >
NEC4 Professional Service Contract – Briefing Note Two: Liability – Expanding the Consultants’ risk
February 2018The NEC4 suite of contracts was published on 22 June 2017. In the second of a series of briefing notes considering the significant changes to the NEC3 Professional Service Contract (“PSC”) we consider the Consultant’s liability under the NEC4 PSC. To read the full note, please click on the link below.