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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Fraudulent claimants entitled to damages from negligent solicitors
September 2018Professional Indemnity Insurers will be interested in a recent Court of Appeal decision which found that it is not in the public interest to refuse a claimant damages from a negligent conveyancing solicitor, where the underlying transaction was tainted with illegality in Stoffel & Co v Ms Maria Grondona [2018] EWCA Civ 2031 (“Stoffel”). In this article… Read More >
Reports from the Courts
September 2018In the regular round up of the court decisions of most interest to construction comes from Andrew Croft and Ben Spannuth, including one highlighting the need for clear and broad termination provisions; and one confirming that oral agreements to vary contracts containing NOM clauses may not be effective. This article was first published in Construction… Read More >
Spotlight on Ethiopia as it Annuls a Euro 20 million Arbitral Award
August 2018Sadaff Habib, a solicitor in our Dubai office who is also the assistant editor for the Africa region at Kluwer Arbitration Blog, has written her latest article – Spotlight on Ethiopia as it Annuls a Euro 20 million Arbitral Award. In this article, Sadaff addresses the issues that have arisen from the Courts decision, including… Read More >
Highways England’s Smart Motorways Alliance
August 2018Highways England has announced plans to procure Smart Motorways through a ten year alliance arrangement, as part of a new business model expected to deliver £400m-£600m a year of work. The proposed model, of the type operated in the water and rail industries, is a radical new plan for highways. Given the shared risk and… Read More >
Is insolvency a bar to an adjudicator’s jurisdiction?
August 2018A recent decision in Michael J Lonsdale (Electrical) Limited v Bresco Electrical Services Limited (In Liquidation) [2018] (TCC) has held that a company in liquidation cannot refer a dispute to adjudication when that dispute includes (whether in whole or in part) determination of any claim for further sums said to be due to the referring… Read More >
Construction Update: Improving payment practices and the thorny issue of retention
August 2018Payment remains a hot topic in the construction industry. Many SMEs are still feeling the pinch from Carillion’s administration while larger firms are trying to balance the growing calls for fairness in payment provisions with tighter margins. In August’s edition of our Construction Update, James Vernon looks at the issue of payment practices and retention.… Read More >
Health and Safety Authority Annual Report 2017 – Key Points in Relation to Construction Matters
August 2018The Health and Safety Authority (“HSA”) recently published its Annual Report for 2017. It is the second Annual Report to be published under the Authority’s strategy for 2016 to 2018. The HSA is responsible for ensuring adherence with health and safety legislation across a diverse range of sectors including agriculture, chemicals and construction. In this… Read More >
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 >