Publications archive

Nathan Modell and Andrew Croft

In this recent case the Court held that a contractual payment mechanism that is compliant with the Housing Grants, Construction and Regeneration Act 1996 will apply to all payments under a "hybrid" contract. This will include payments due in respect of both construction works and works excluded from the definition of construction operations under the Act.

In this article, Nathan Modell and Andrew Croft discuss the case of C Spencer Limited v MW High Tech Projects UK Limited and how the decision will impact the subject of hybrid contracts and payment going forward.

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Sarah Conroy

Earlier this year, the Workplace Relations Commission (“WRC”) in Ireland published its annual report for 2018. The WRC was established in 2015 under the Workplace Relations Act 2015. Its main functions include the promotion and encouragement of compliance with relevant employment law; giving guidance as regards compliance; reviews of workplace relations and the provision of information regarding employment rights to the general public. It offers advisory services as well as mediation and adjudication services for parties in dispute.

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Nathan Modell & James Hughes

On 1 October 2019, Ontario introduced the final phase of amendments intended to modernise its Construction Act (the "Bill"). Amongst these changes is the introduction of mandatory adjudication for payment related disputes.

Nathan Modell and James Hughes explain how the newly introduced adjudication procedure in Ontario compares to the procedure under the Construction Act in England, Wales and Scotland, and discuss how this could impact payment related disputes in the future.

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Sarah Conroy

The Health and Safety Authority (HSA) has recently submitted its annual report for 2018 to Pat Breen TD, Minister for Trade, Employment, Business, EU Digital Single Market and Data Protection. The report sets out the action taken by the HSA (the Irish statutory body responsible for ensuring protection from work-related injury and ill health) to implement its three strategy adopted in 2016. Here we outline the points worthy of note for those working in the Irish construction sector.

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Giles Tagg and Sarah Hinton

Legislation moves pretty fast. If you don't stop and look around once in a while, you could miss it.

In the middle of the 2017/2018 academic year, General Data Protection Regulation came into force. Educational Establishments faced an influx of alleged Data Protection breach claims. With a new academic year having just begun, Educational Establishments cannot afford to forget their regulatory obligations.

In this article, Giles Tagg and Sarah Hinton provide a reminder on GDPR and the impact it has on Educational Establishments.

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Giles Tagg and Zak Mehmood

A recent case heard in the Court of Appeal, Lloyd v Google, involves a myriad of issues with points touching on Data Protection law(s) and the development of the 'UK class action'. It will be of interest to professionals whose day-to-day work involves the retention of their client's data and/or private information. The decision recognises a right to claim damages arising out of the loss of control of data, even if there is no pecuniary loss and no distress. It also gives the green light for representative action in such claims.

In this article, Giles Tagg and Zac Mehmood explain the background to this case and how the result will impact the way businesses and professionals hold client's data.

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Sadaff Habib (Beale & Co) and Abdul Jinadu (Keating Chambers)

Publication: Kluwer Arbitration Blog

With over $3 billion invested by Vedanta Resources in Zambia since it became a shareholder in Konkola Copper Mines (KCM) in 2004, it is a less optimistic turn of events with Vedanta Resources and fellow shareholder, the government-owned Zambian State Mining Company ZCCM-IH (ZCCM), being at loggerheads in arbitration.

In this post, we examine what led to this downward spiral in relations and what this means for investors in the mining industry in Zambia.

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Sheena Sood

Publication: Building

News of the government’s review of HS2 has been somewhat overshadowed from public gaze by the ongoing Brexit turmoil. Nevertheless, it has sent shockwaves through the construction industry. With the project’s total cost having risen from £62bn to between £81bn and £88bn, transport secretary Grant Shapps recently announced that the first phase of the project will be delayed by up to five years, shifting the projected completion date to between 2028 and 2031. Refusing to rule out a complete cancellation, he said the review would put the government in a better position to make a “go or no go” decision by the end of this year.

While the government has said work on HS2 will continue in the meantime, suppliers should be considering the potential ramifications of a delay or, worse, cancellation of the project.

Here Sheena Sood discusses the key contractual considerations.

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