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.

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Nathan Modell & Sophie Bryant

In a rare court decision on matters relating to construction all risk insurance policies, in the case of Munich Re Capital Limited v Ascot Corporate Name Limited [2019] the Commercial Court considered the application of maintenance cover under the provisions of an Offshore Construction All Risks (“CAR”) policy on WELCAR 2001 Offshore Construction Project Policy (“WELCAR”) terms.

In this article, Nathan Modell and Sophie Bryant consider the court’s approach to maintenance periods in CAR policies and the importance of ensuing consistency between insurance and reinsurance wordings.

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David McArdle and Sophie Bryant

Edwards on behalf of the estate of the late Thomas Arthur Watkins (Respondent) v Hugh James Ford Simey Solicitors (Appellant) In this much anticipated judgment on a claim arising from the handling of VWF litigation against British Coal Corporation (“British Coal”), the Supreme Court considered the correct approach to adopt in lost opportunity claims – last considered in the landmark case of Perry v Raleys [2019]. The case also provides useful guidance as to the relevance – in failed litigation cases - of evidence obtained during the course of professional negligence proceedings which was not available at the time of the underlying claim.

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James Vernon and Sophie Bryant

In this case in the Scottish Court of Session the court has given some useful guidance as regards the severability of adjudicators’ decisions. Though a Scottish decision, it is likely to be followed by the courts in England and Wales and, as such, is of interest to anyone who may be considering applying for severance of an adjudicator’s decision.

In this article, James Vernon and Sophie Bryant explain the importance of the case, and consider how it will impact on future jurisdictional disputes in adjudication

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Sheena Sood & Joanna Lewis

In this note, Sheena Sood and Joanna Lewis provide an update that looks at the recent key developments in the steps towards building a safer future including the publication of the Phase 1 Report from the Grenfell Tower Inquiry and a look at what the future may hold.

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Nathan Modell & Sophie Bryant

This decision by the TCC provides further consideration of the right of a company in liquidation to refer a dispute to adjudication. It follows the earlier Court of Appeal decision in Bresco Electrical services Limited (in liquidation) v Michael J Lonsdale (Electrical) Ltd (“Bresco”) which we considered in an article earlier this year.

In this article, Nathan Modell and Sophie Bryant consider the findings of the TCC alongside the Bresco case and look at whether a liquidator can attempt to recover an insolvent company’s debts by way of adjudication.

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Will Buckby & Madeleine Kelly

Publication: Construction Law

In this month's edition of Construction Law, guest editors Will Buckby and Madeleine Kelly report that increasingly onerous conditions are being imposed on consultants, some which may not be covered by professional indemnity insurance. Consultants must be prepared to 'walk away' when conditions attempt to impose risks that cannot be properly managed, they urge.

This article was published in Construction Law.

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Joe Eizenberg and Sophie Bryant

The Supreme Court yesterday handed down an insurer-friendly judgment in the case of Travelers Insurance Company Ltd v XYS overturning earlier decisions by the High Court and the Court of Appeal which held insurers liable for third party costs. It held that a liability insurer is not obliged to pay a third party's costs in respect of uninsured claims against an insolvent insured.

Joe Eizenberg and Sophie Bryant of our Bristol office discuss this landslide decision, and the impact it will have on third party costs in the future.

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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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