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
November 2018Our regular round up of cases from the courts comes from Andrew Croft and Ben Spannuth, focusing on an appeal court decision with implications for extensions of time; and a Northern Ireland court ruling on a dispute concerning a net contribution clause. To read the full article, please click on the link below.
A brave new world for interim payments?
November 2018In S&T (UK) Limited v Grove Developments Limited [2018] EWCA Civ 2448, the Court of Appeal has confirmed the TCC’s decision on the right of an Employer who fails to provide a Payment Notice or Pay Less Notice to subsequently dispute the amount of that interim payment through adjudication. In this article, James Vernon, Michael… Read More >
Court of Appeal confirms that a solicitor's duty (including a duty to warn) must be determined by the scope of their retainer
November 2018There is no duty to warn a client in respect of a risk falling outside of a solicitor’s retainer – Cathal Anthony Lyons v Fox Williams LLP [2018] EWCA Civ 2347 This case affims that, for the purposes of measuring liability in a professional negligence claim, the scope of a professional’s duty of care must… Read More >
Professional Experts Beware
October 2018In her latest article for Building magazine, Partner, Sheena Sood warns expert witnesses that they can be sued for negligence or parties hit with adverse costs if they fail to fulfil their duties correctly. To read the full article, please click on the link below. This article was published in Building.
Moments of clarity – how a contract is construed (on Appeal): Arcadis Consulting Limited v AMEC (BSC) Limited
October 2018We previously analysed the first instance judgment in this dispute in our article Contract formation and terms – know the limits in November 2016. In this article, Giles Tagg and Jon Quirk explore the key points arising from the Court of Appeal overturning the original decision. To read the full article, please click on the… Read More >
Reports from the Courts
October 2018Our regular round up of the court decisions of most interest to construction from Andrew Croft and Ben Spannuth focuses on an appeal court decision that enforces clear exclusions of liability in commercial contracts; and an appeal in the Scottish courts that will provide comfort to consultants worried about clauses stating that they are fully… Read More >
Causation disputes in brokers' negligence claims following coverage declinature to be determined on a “balance of probabilities” basis
October 2018In a judgment of particular relevance to those involved in claims against insurance brokers, the High Court rejected a Claimant’s submissions that causation ought to be assessed on a “loss of chance” basis, raising the bar for claimants. In this article, David McArdle & Michelle Bakker comment on the Dalamd Ltd v Butterworth Spengler Commercial… Read More >
Arbitration News: Who to arbitrate with?
October 2018Disputes whilst operating in the UAE When agreeing on contract terms, most parties will include a dispute resolution mechanism. Where the parties have agreed to arbitration, usually the arbitration centre will be agreed in the contract. Prior to agreeing on an arbitration centre in a contract, careful consideration should be given to which institution will… Read More >
Good news for consultants and contractors providing collateral warranties to third parties
September 2018In Swansea Stadium Management Company Ltd v City & County of Swansea & Anor [2018] EWHC 2192 (TCC), the TCC has enforced the purpose of a “no greater liability” clause in collateral warranties. In this article Will Buckby and Ahmed Mian discuss the key points of the case and the judgment which brings good news… Read More >
The Insurance Distribution Directive 2018 – the 6 things you need to know
September 2018In the latest edition of The Insider, The Insurance Institute of Ireland’s quarterly magazine, Associate Mary Smith comments on The Insurance Distribution Directive and what you need to know. To read the full issue click of the magazine please click here.