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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Irish Consumer Insurance Contracts Bill 2017
September 2017On 19 January 2017 the Consumer Insurance Contracts Bill 2017 (the “Bill”) was introduced. The Bill is based on the Law Reform Commission’s 2015 report on consumer insurance contracts and replicates parts of some UK Acts including the Insurance Act 2015, Third Parties (Rights against Insurers) Act 2010 and the Consumer Insurance (Disclosure and Representations)… Read More >
Irish Health and Safety Authority Annual Report 2016 – Key Points
August 2017The Health and Safety Authority (“HSA”) recently published its Annual Report for 2016. It is the first Annual Report 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. Sarah Conroy and Karen Elliott… Read More >
Irish Corporate Manslaughter (No.2) Bill
August 2017On 13 July 2016 a Bill was introduced to the Houses of the Oireachtas to, “create the indictable offence of corporate manslaughter by an undertaking to create the indictable offence of grossly negligent management causing death by a high managerial agent of the undertaking, and to provide for related matters”. In its 2005 Report on… Read More >
NEC4 Professional Services Contract – Briefing Note One: Defined Cost – Rethinking Business Models
August 2017The NEC4 suite of contracts was published on 22 June 2017. As we outlined in our webinar on 25 July 2017 (available to view here), the changes to the NEC3 Professional Services Contract (the PSC) are significant. A lot of commentary has focused on the change to the Engineering and Construction Contract (the ECC). The… Read More >
Irish Mediation Bill 2017
August 2017The much anticipated Mediation Bill was first presented to Dáil Eireann on 9 February 2017. The Bill is currently in the final stages before the Seanad, having been passed by the Dáil on 13 July 2017. The Bill aims to promote mediation as an alternative to court proceedings in resolving disputes. In this article, Sarah… Read More >
Reports from the Courts
August 2017Our regular round up of court cases of most interest to construction from Andrew Croft and Nadir Hasan includes a decision in which the slip rule proved crucial; and one where the court supported the view that an insured’s policy is not disclosable. To read the full article, please click on the link below. This… Read More >
The devil is in the detail: Supreme Court rules on fitness for purpose, overturning the Court of Appeal decision in MT Højgaard A/S
August 2017In a judgment issued on 3 August 2017, the Supreme Court has overruled the Court of Appeal decision in the case of MT Højgaard A/S v E.ON Climate and Renewables UK Robbin Rigg East Limited and Anor [2017] UKSC 59, restoring the TCC first instance finding that the contractor (MT Højgaard A/S) was liable to… Read More >
A Note to in House Lawyers: When Do You Appoint a Law Firm for an Arbitration?
August 2017Firms will often write that for effective representation it is best to engage law firms at an early stage in the dispute process. Whilst there may be some merit in this, it may not necessarily be entirely true. It is evident that in-house roles are not what they were initially thought to be. In house… Read More >
Reports from the Courts
July 2017Our regular review of cases of most importance to construction comes from Andrew Croft and Simii Sivapalan, including one highlighting the potential dangers of giving ad hoc and free advice as a business development initiative; and another showing how a widely drafted limit of liability clause may still be reasonable and therefore enforceable under unfair… Read More >
DIFC Courts: proposed new technology and construction division
July 2017This month the publication Construction Law International has focused on the Middle East and kindly includes one of our articles by Claire Miller (Partner) and Nadir Hasan (Assistant) on the DIFC Courts proposed new technology and construction division. You can read a copy of the article below (please see pages 10-12). This article was first published in… Read More >