Publications

Publications

Our lawyers contribute regularly to industry and legal journals including Building, Post Magazine and Solicitors Journal. In addition we write legal briefings, newsletters and case reports on our main practice areas.

Published and other articles are free and may be downloaded in PDF format.

See our most recent articles below or use the search function to find publications by Sector, Service and/or keyword. Articles over 1 year old are stored in our Publications Archive.

If you would like to be added to our mailing lists, please register.

Register now for our publications

Stephen Reilly

In Oversea-Chinese Banking Corp LTD v ING Bank NV (2019) [2019] EWHC 676 (Comm) the Claimant ran a novel argument on its breach of warranty claim where it did not plead diminution in value of the shares as the measure of loss in relation to a £14.5m breach of Warranty claim that the Target’s accounts failed to give a true and fair view of its state of affairs. The claim was connected to an alleged undisclosed contingent liability in the Target’s accounts relating to a third party exposure. The High Court judgment does not say why the usual diminution measure of loss argument was not run but presumably it was because the Claimant could not credibly show any loss on valuation evidence on what appeared to be a large banking deal (see para 35 of the High Court Judgment).

Read more

Sarah Conroy

This is governed by Article 8(1) of Regulation (EC) 261/2004. The CJEU gave a preliminary ruling on this point on 12 September 2018.

The ruling concerned the interpretation of Article 8(1)(a) of the Regulation which establishes common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights.

In this article, Sarah Conroy explains this particular ruling and how it will impact air travel in the future.

Read more

Antony Smith and Madeleine Kelly

More and more work is being done under the form of a joint venture (“JV”), particularly on rail and infrastructure projects. JVs present opportunities for parties to spread financial risk (including costs and liabilities) whilst pooling their resources and expertise to provide a well-rounded and innovative offering to their clients. Such arrangements are particularly common at the pre-qualification and tender stages of a project.

Here Antony Smith and Madeleine Kelly talk about the common types of commercial JVs, what you need to consider when forming a JV and cross-border JVs.

Read more

Stephen Reilly

The buyer side W&I policy was issued for FSN Capital’s acquisition of Gram Equipment from Swedish-based Procuritas in January 2018. FSN Capital filed its insurance claim in June 2018 claiming the seller had breached several of the warranties in the share purchase agreement, including warranties on the seller’s duty of loyal disclosure and accounting material by (according to press reports) providing false and misleading information in the sales process. We wait to see if a subrogation claim will follow against the seller (according to W&I policy terms subrogation is usually waived except where there has been seller fraud) given the language of the related claim press statements.

Read more

Will Buckby & Kevin Henderson

Following on from the last article on Brexit, Blogging the B-Word, Will Buckby and Kevin Henderson provide a quick recap of the Brexit process to date and analyse the effects of the current market uncertainty on the construction supply chain.

Read more

James Vernon and Charlotte Gooch

In Hitachi Zosen Inova AG v John Sisk & Son Ltd [2019] EWHC 495 (TCC), Stuart-Smith J decided that even if an earlier adjudication had concluded that a variation was valid and its value was ‘£nil’ for the purposes of a payment application (due to lack of evidence), the decision made in a subsequent adjudication relating to the actual value of that variation would still be enforced.

Read more

Antony Smith

Publication: Driver Trett Digest April 2019

Antony Smith has contributed to the Driver Trett Digest published this month with his article 'Let's agree to disagree!'.

With construction companies doing more and more business overseas, Antony discusses arbitration as a preferred mechanism of alternative dispute resolution.

Read more

Zita Mansi

A construction company has been fined £900,000 after an employee died when he was struck by a retaining wall which collapsed as it was being backfilled.

As this case demonstrates, fines for breaches of Health & Safety legislation have increased since the Sentencing Guidelines came into effect of 1 February 2016. The proposed further changes to the Guidelines will increase the focus on aggravating and mitigating factors and raise the possibility that fines could increase further and/or higher fines will be imposed more consistently.

Read more

Showing 1 – 8 of 86 Next >
1 2 3 4 5 11