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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James Vernon

The recent case of Lane End Developments v Kingstone Civil Engineering Ltd reinforces the important of complying with the relevant adjudication rules.

In this article James Vernon summarises the case and its significance to parties referring future construction disputes to adjudication.

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James Vernon and Andrew Croft

The recent case of Rochford Construction Ltd v Kihan Construction Ltd reinforces the importance of clear payment dates and suggests that fixing the final date for payment by reference to an invoice (as is the case in the NEC4 PSC) is inconsistent with the Construction Act.

In this article James Vernon and Andrew Croft considers the judgment of the TCC and how it may affect construction contract payment provisions going forwards.

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Andrew Croft & Ben Spannuth

Publication: Construction Law

Our regular round up of cases of most interest to construction comes from Andrew Croft and Ben Spannuth, focusing on one that highlights the importance of defining design life requirements within contracts; and a Supreme Court ruling that means insolvency practitioners can use adjudication to pursue claims.

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Joe Bryant and Melissa Evans

Many law firms renewing their professional indemnity insurance (PII) on 1 October this year were faced with higher premiums and a reduced choice of insurer. This would have been unwelcome news given that the profitability of many of these firms would have declined over the past seven months or so due to the current pandemic. However, the solicitors’ PII market was hardening well before the emergence of Covid-19.

In this article Joe Bryant and Melissa Evans examine:

1) The causes of the hardening market over the past couple of years; and
2) What law firms and insurers are doing to keep premiums down

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Antony Smith & Kevin Henderson

The UK Supreme Court published their decision in the case of Enka Insaat ve Sanayi AS v OOO Insurance Company Chubb [2020] UKSC 38 on Friday, 9 October 2020. The decision will undoubtedly influence drafting decisions on international contracts going forward, and cause parties to live contracts to pause and consider their next steps.

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James Vernon

In the recent case of JRT Developments Ltd (JRT) v TW Dixon (Developments) Ltd (TWD) [2020] the TCC has shown that parties seeking to enforce “smash and grab” adjudication awards will not be able to do so in circumstances where it would be manifestly unfair.

In this article, James Vernon explains the background to this case, and how it will impact “smash and grab” adjudications going forward.

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James Vernon

Adjudication by insolvent parties is an issue that has greatly occupied the Courts of late. Much consideration has been given to the arguable conflict between set-off under the Insolvency Rules 2016 on the one hand, and the adjudication process on the other.

In this article, James Vernon considers the case of John Doyle Construction Ltd v Erith Contractors Ltd, decided following the Supreme Court judgment in Bresco Electrical Services Ltd v Michael J Lonsdale Electrical Ltd earlier this year.

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Giles Tagg and Sarah Hinton

Students returned to education this September after facing huge disruption to teaching in the 2019/20 academic year. To minimise the risks posed by Covid-19 dramatic changes have been made to the way Higher Education Establishments teach courses in the 2020/21 academic year.

In this article, Giles Tagg and Sarah Hinton look at what the ‘new normal’ will be in classrooms and lecture halls and the risks the current situation poses.

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