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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Richardson v Financial Services Ombudsman – the importance of a well worded proposal form
March 2017On 14 July 2016, the Irish High Court issued an important decision which clarifies the circumstances in which insurers can decline a claim due to the information provided in the proposal form. Nuala McAnally & Conal O’Doherty discuss this decision and how it affected the outcome of the Richardson v Financial Services Ombudsman case. To… Read More >
Early warning obligations in Consultancy Appointments
February 2017The ACE Professional Services Agreement 2017 (“ACE PSA”) is the latest standard form contract to include an “early warning” regime, as highlighted in our summary of key points in our recent note on ACE PSA. Tom Pemberton and Andrew Croft discuss early warning regimes and how they aim to “flush out” issues at an early… Read More >
Court narrowly construes extent of Professional’s duty to advise – good news for Insurers
February 2017Last week the High Court handed down judgment in Denning v Greenhalgh Financial Services. This is the latest in a run of cases helpful to all professionals and their Insurers as regards the extent of a professional’s duty to advise. In this article Partner, Stephen Reilly, reviews the key points of the case and provides… Read More >
Reports from the Courts
February 2017Our regular round up of court decisions of most interest to construction comes from Andrew Croft and Simii Sivapalan and focuses on two disputes over oral contracts; one with major implications for ‘smash and grab’ adjudications; and the other highlighting the importance of agreeing costs and the basis of their calculation at the start of… Read More >
Summary of the Law Reform Commission report on consolidation and reform of aspects of the Law of Evidence
February 2017On Wednesday 18 January, the Law Reform Commission’s (“LRC”) latest report was published. This report considers certain aspects of the Law of Evidence namely expert evidence, documentary and electronic evidence and hearsay evidence and puts forward recommendations in this regard. In this article, Stephen O’Connor and Karen Elliott provide a brief synopsis of the suggested… Read More >
Expert Witness Immunity
February 2017The Law Reform Commission (“LRC”) have recently launched their report on aspects of evidence which recommends the abolishment of expert witness immunity in Ireland. Tara Cosgrove and Stephen O’Connor analyse the arguments for abolition and retention of expert witness immunity and the impact it will have on expert witnesses. To read the full article, please… Read More >
Publication of ACE Professional Services Agreement 2017
February 2017The ACE has added a new Professional Services Agreement to its suite of standard forms of Agreement. Tom Pemberton and Nadir Hasan review the key features of the new form. To read the full article, please click on the link below.
Court of Appeal confirms that the Construction Act will not step in following expiry of the dates in a payment schedule
January 2017In our latest article, Tom Pemberton and Andrew Croft discuss the Court of Appeal decision in Balfour Beatty Regional Construction Ltd v Grove Developments Ltd [2016] EWCA. This confirmed that after the dates in the agreed payment schedule expired, the Contractor was not entitled to submit further applications for payment. Tom and Andrew consider how… Read More >
NEC Publishes Alliancing Guidance
January 2017Alliancing is being used increasingly on construction and infrastructure projects. The NEC has now published “Guidance on implementing alliancing using NEC3 Contracts”, suggesting how the NEC3 suite of contracts can be used to achieve an alliancing approach. Will Buckby and Andrew Croft comment on this guidance and discuss how useful it will be for those… Read More >
CMA disqualifies director for breach of competition law
January 2017The Competition and Markets Authority (CMA) has used its powers for the first time under the Company Directors Disqualification Act 1986 to disqualify a director for breach of competition law. The disqualification follows the CMA’s decision that Trod Ltd breached competition law by agreeing with one of its competing online sellers that they would not… Read More >