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.
Article Search
Archives: Articles
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 >
‘Information’ or ‘Advice’? Construction Professionals Beware!
July 2017The Supreme Court recently provided guidance on the operation of the ‘SAAMCO’ cap in the landmark case of BPE Solicitors v Hughes-Holland. This article, by Ian Masser and Ben Spannuth, considers the key points of the judgment and its potential impact on construction professionals (which has recently been the subject of much comment and hypothesis… Read More >
Court issues new protocol for public procurement challenges
July 2017The Technology and Construction Court has issued guidance on dealing with public procurement challenges. The “Guidance Note on Procedures for Public Procurement Cases” acts as a form of pre-action protocol and applies from 17 July 2017. In this article, James Hutchinson highlights some of the key points this new Guidance covers. Please click on the… Read More >
Employment Benefit Trust Tax avoidance schemes and the Supreme Court death knell
July 2017Partner, Stephen Reilly reviews this month’s Supreme Court decision in the Glasgow Rangers “big tax” case, highlighting an important success for HMRC in the ongoing tax avoidance war. To read the full article, please click on th elink below.
VAT in the UAE – what does this mean for your construction contract?
July 2017Benjamin Franklin rightly stated “In this world, nothing can be said to be certain, except death and taxes”. The United Arab Emirates, a popular tax haven, will succumb to its first direct tax – the value added tax. Sadaff Habib, of our Dubai office, discusses this new implication and how it will impact the construction… Read More >