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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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Falling down at “the most basic step” – do not rely on the Court (or the other side) to save you from your errors!
October 2017In the recent decision in Higgins & Others [2017] EWHC 2190 (Ch), it was shown once again that, despite increased leniency for errors of civil procedure during the course of proceedings, the Courts will still take a strict approach to the defective service of Claim Forms at the commencement of proceedings. In this article, Stephen… Read More >
Pre-action Protocol for Debt Claims: Changes to the “Letter – wait – issue” process
October 2017After a long period of discussion, the Ministry of Justice has published a new Pre-action Protocol for Debt Claims (“the Protocol”), which came into force on 1 October 2017. Parties must ensure that they comply with the Protocol, before issuing any claim to recover their debts. James Hutchinson, Sheena Sood and Sophie-Rose Bowen discuss more… Read More >
Striking Out
October 2017Delays in litigation are inevitable, however the Irish courts are becoming less tolerant of unnecessary deferrals. Mary Smith, Associate, explains the grounds for striking out stale claims based on recent case law. To read the full article, please click on the “download publication” link below. This article was first published in the September 2017 issue… Read More >
Irish Mediation Act 2017
October 2017The much anticipated Mediation Bill 2017 was signed into law by the President yesterday. The Act places a statutory obligation on all practising solicitors to advise their clients about mediation prior to issuing legal proceedings. Please see our previously published note on the pertinent provisions of the Act here. Mediation has become increasingly popular as… Read More >
New technology, old problems
September 2017In the latest article for Building, Sheena Sood and Nathan Modell discuss the recent TCC case of Trant Engineering Limited v Mott MacDonald Ltd. The first judicial consideration of BIM asks whether an interim application for an injunction restoring client access to the project BIM should be granted.
The Data Protection Bill and GDPR
September 2017The new Data Protection Bill was given its first reading in the House of Lords last week. In this article James Hutchinson identifies the main objectives of the Bill which aims to provide continuity of data protection standards in the UK following Brexit.
BIM implementation in the UAE on the rise
September 2017Following a mandate by the Dubai Municipality in 2013, BIM is increasingly being used on large scale projects in the UAE. However, unlike in other jurisdictions, such as the UK, few standards have been developed for the use of BIM in the UAE. In addition, the BIM approach is often not reflected in the contracts.… Read More >
Reduced fees; reduced duties
September 2017In a decision that will be welcomed by solicitors operating under fixed recoverable costs regimes, the Court of Appeal in Thomas v Hugh James Ford Simey Solicitors recently found that a firm of solicitors, when acting in high volume, fixed costs schemes for low value personal injury cases, are not expected to advise on heads… Read More >
Recovery of your adjudication legal costs under the Late Payment of Commercial Debts (Interest) Act 1998? Think again!
September 2017Following the decision of the TCC last month in Enviroflow Management Ltd v Redhill Works (Nottingham) Ltd [2017] (unreported), successful referring parties to adjudications may no longer be able to take advantage of the implied terms in the Late Payment of Commercial Debts Interest Act 1998 to seek to recover their legal costs. In this… Read More >
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 >