Publications archive

Nathan Modell and Nikki Baynes

A recent decision in Michael J Lonsdale (Electrical) Limited v Bresco Electrical Services Limited (In Liquidation) [2018] (TCC) has held that a company in liquidation cannot refer a dispute to adjudication when that dispute includes (whether in whole or in part) determination of any claim for further sums said to be due to the referring party from the responding party.

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James Vernon

Payment remains a hot topic in the construction industry. Many SMEs are still feeling the pinch from Carillion's administration while larger firms are trying to balance the growing calls for fairness in payment provisions with tighter margins.

In August's edition of our Construction Update, James Vernon looks at the issue of payment practices and retention.

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Sarah Conroy & Jennifer Havard

The Health and Safety Authority ("HSA") recently published its Annual Report for 2017. It is the second Annual Report to be published under the Authority's strategy for 2016 to 2018.

The HSA is responsible for ensuring adherence with health and safety legislation across a diverse range of sectors including agriculture, chemicals and construction.

In this article, Sarah Conroy and Jennifer Havard provide an update on the Annual Report and provide a review on what will follow in the coming years.

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Tara Cosgrove & Cian O'Gorman

The government has published the Report of the Fire Safety Task Force, which was commissioned to review and make recommendations on fire safety in Ireland.

The Report primarily focused on two areas: high-rise buildings and multi-storey, multi-unit social housing, but the findings also contain recommendations in relation to a broader review of existing fire safety arrangements in Ireland.

In this article, Tara Cosgrove and Cian O'Gorman examine the Report and provide a summary of its key findings and recommendations.

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Andrew Jones

The court considers on appeal whether a defendant can take advantage of a claimant's error, following the surprising first-instance decision in Woodword v Phoenix Healthcare earlier this year.

In this article, Andrew Jones discusses this appeal decision, and the impact it will now have on cases such as these going forward.

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Cathie Shannon & Mary Smith

Publication: Construction Management

Collateral warranties are part and parcel of any large construction project. With onerous and often uninsurable terms increasingly being sought by funders in particular, in this article Cathie Shannon and Mary Smith consider the provisions to be found in a typical collateral warranty and the steps that might be taken by consultants and contractors to limit their exposure to liability.

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Stephen Reilly & Sophie-Rose Bowen

The National Cyber Security Centre's July 2018 report focuses on the cyber risks that law firms face. Stephen Reilly and Sophie-Rose Bowen highlight the key issues arising.

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Antony Smith & Jason Bird

Two recent cases have shone light on the English court’s approach in granting anti-arbitration and anti-suit injunctions. Despite some concerns with the controversial nature of anti-arbitration injunction they remain a possible tool to restrain another party from commencing or participating in arbitration proceedings. Anti-suit injunctions, when ordered by the court, prevent the opposing party from bringing or continuing proceedings in a different jurisdiction. The English courts have remained firm in recent years by setting a very high standard to be met to grant an anti-suit injunction.

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