Publications archive

Stephen Reilly & Amelia Hamilton

The High Court's decision in Oldham v QBE Insurance (Europe) Ltd provides mixed news for Insurers. The judgement confirms that (i) Insurers have the right to reimbursement of previously advanced defence costs where ultimately no coverage is found despite there being no express right to to reimbursement in the policy but (ii) that the the trigger requiring the advancement of defence cost is easy for the Insured to pull.

Stephen Reilly and Amelia Hamilton discuss this case further and the impact of this High Court ruling.

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Andrew Jones

In the highly anticipated first appellate court decision focussing on the adequacy of ATE policies for security of costs, the Court of Appeal in Premier Motorauctions Ltd & Ors v (1) PricewaterhouseCoopers LLP (2) Lloyds Bank PLC [2017] EWCA 1872 overturned the High Court decision and held that the Claimants’ ATE policy without anti-avoidance provisions was not sufficient for the Defendants’ security of costs. The Claimants are now required to put up £4million to continue with the claim - a useful reminder that security for costs applications can be a powerful weapon for defendants in litigation.

Andrew Jones discusses this case further in this article.

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Stephen Reilly and Kathryn Willis

Partner, Stephen Reilly, and trainee, Kathryn Willis, discuss the recent High Court judgment following a claim by 5000+ employees of supermarket chain, Morrisons, arising from a data breach.

The case raised the important question of whether an employer is vicariously liable under the Data Protection Act for the criminal actions of a rogue employee who deliberately effected the breach.

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Andrew Croft and Laura Lintott

The UK government is currently consulting (until 19 January 2018) on the impact of the 2011 changes to the Construction Act and whether these changes have met their objectives.

In this article, Andrew Croft and Laura Lintott highlight industry concerns in relation to the Construction Act and its impact on late payment. They also consider the aim of the current consultation, the areas that the consultation will cover and provide information on how to get involved in the consultation.

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Transportation Professional (The Chartered Institution of Highways & Transportation)

Publication: Transportation Professional / The Chartered Institution of Highways & Transportation

At our recent Highways Roundtable event we were delighted to be joined by senior figures from the construction industry who shared with us some thought provoking discussion on the key issues affecting the highways industry now and in the future.

We were also joined by the editor of Transportation Professional, the magazine of the Chartered Institute of Highways & Transportation, who has summarised the discussions in the latest edition of the magazine.

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Andrew Croft & Simii Sivapalan

Publication: Construction Law

Our regular round up of court decisions of most interest to construction comes from Andrew Croft and Simii Sivapalan, who focus on the first judgement concerning building information modelling; and an overturning of an adjudicator's decision that shows the courts are reluctant to hold terms in a contract void for uncertainty.

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James Vernon, Simii Sivapalan and Jason Bird

In an interesting judgment for the construction industry, the TCC in North Midland Building Ltd v Cyden Homes Ltd [2017] considered the enforceability of a bespoke exclusion in respect of concurrent delay and its impact on the ‘prevention principle’. The judgment confirms that parties can agree at the outset of a contract, who bears the risk of concurrent delay.

James Vernon, Simii Sivapalan and Jason Bird explain more in this article.

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Sheena Sood

Publication: Building

In the latest article for Building, Sheena Sood, provides comment on the potential impact of the new Pre-Action Protocol for Debt Claims which will apply to any business wishing to pursue monies owed by an individual or a sole trader on or after 1 October 2017.

This article was first published in Building in October 2017.

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