Publications archive

Ian Masser, Sophie-Rose Bowen, Jade Harvey

Following the decision of the TCC last month in Enviroflow Management Ltd v Redhill Works (Nottingham) Ltd [2017] (unreported), successful referring parties to adjudications may no longer be able to take advantage of the implied terms in the Late Payment of Commercial Debts Interest Act 1998 to seek to recover their legal costs.

In this article Ian Masser, Sophie-Rose Bowen and Jade Harvey highlights some of the key points in the decision and comment on its possible implications for the recovery of legal costs of adjudication.

To read the full article, please click on the link below.

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Michelle Kilroy and Karen Elliott

On 19 January 2017 the Consumer Insurance Contracts Bill 2017 (the “Bill”) was introduced. The Bill is based on the Law Reform Commission’s 2015 report on consumer insurance contracts and replicates parts of some UK Acts including the Insurance Act 2015, Third Parties (Rights against Insurers) Act 2010 and the Consumer Insurance (Disclosure and Representations) Act 2012.

In this article Michelle Kilroy and Karen Elliott highlight some of the key points of the Bill which is currently in the early stages before the Dáil. We will have to wait to see if it will be enacted as drafted.

To read the full article, please click on the link below.

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Sarah Conroy & Karen Elliott

The Health and Safety Authority ("HSA") recently published its Annual Report for 2016. It is the first Annual Report 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.

Sarah Conroy and Karen Elliott look into the report in depth and discuss the new HSA strategy and how this legislation will impact these sectors.

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Sarah Conroy & Christian Carlyle

On 13 July 2016 a Bill was introduced to the Houses of the Oireachtas to, "create the indictable offence of corporate manslaughter by an undertaking to create the indictable offence of grossly negligent management causing death by a high managerial agent of the undertaking, and to provide for related matters".

In its 2005 Report on Corporate Killing, the Irish Law Reform Commission advised that "the existing law does not deal adequately with organisations which act in a grossly negligent manner and cause death". It is intended that the 2016 Bill will remedy this.

In this article, Sarah Conroy and Christian Carlyle explain the impact of this "first of its kind" Bill and how it will create new criminal offences in regarding manslaughter in Ireland.

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Will Buckby & Andrew Croft

The NEC4 suite of contracts was published on 22 June 2017. As we outlined in our webinar on 25 July 2017, the changes to the NEC3 Professional Services Contract (the PSC) are significant.

A lot of commentary has focused on the change to the Engineering and Construction Contract (the ECC). The changes to the PSC have gone "under the radar".

Will Buckby and Andrew Croft will explore these changes in a series of briefing notes, starting with the new approach to valuing payment.

To read the full note, please click here.

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Sarah Conroy and Karen Elliott

The 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 Conroy and Karen Elliott explain the impact of the Bill and also what effect it will have on court proceedings going forward.

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Andrew Croft & Nadir Hasan

Publication: Construction Law

Our 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.

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Nathan Modell, Simii Sivapalan and Sophie-Rose Bowen

A contractor has been held to be in breach of contract for a fitness for purpose obligation which was to be determined by reference to a ‘Technical Requirements’ schedule, despite the main contract terms including obligations to use due care and professional skill and to comply with international design standards.

Contractors and consultants alike are therefore advised to review their obligations carefully to ensure they are properly drafted to reflect what the parties understood the contract to require.

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