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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David McArdle and Michelle Bakker

There is no duty to warn a client in respect of a risk falling outside of a solicitor's retainer - Cathal Anthony Lyons v Fox Williams LLP [2018] EWCA Civ 2347

This case affirms that, for the purposes of measuring liability in a professional negligence claim, the scope of a professional's duty of care must be assessed by reference to the professional's retainer.

This is another significant judgement which benefits the professional indemnity market.

David McArdle and Michelle Bakker in our Bristol office discuss this case in more detail in their article here.

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Sheena Sood

Publication: Building

In her latest article for Building magazine, Partner, Sheena Sood warns expert witnesses that they can be sued for negligence or parties hit with adverse costs if they fail to fulfil their duties correctly.

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Giles Tagg & Jon Quirk

We previously analysed the first instance judgment in this dispute in our article Contract formation and terms - know the limits in November 2016.

In this article, Giles Tagg and Jon Quirk explore the key points arising from the Court of Appeal overturning the original decision.

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Andrew Croft & Ben Spannuth

Publication: Construction Law

Our regular round up of the court decisions of most interest to construction from Andrew Croft and Ben Spannuth focuses on an appeal court decision that enforces clear exclusions of liability in commercial contracts; and an appeal in the Scottish courts that will provide comfort to consultants worried about clauses stating that they are fully responsible for design.

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David McArdle & Michelle Bakker

In a judgment of particular relevance to those involved in claims against insurance brokers, the High Court rejected a Claimant's submissions that causation ought to be assessed on a "loss of chance" basis, raising the bar for claimants.

In this article, David McArdle & Michelle Bakker comment on the Dalamd Ltd v Butterworth Spengler Commercial Ltd case and how the decision will impact similar cases going forward.

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Antony Smith and Nadia Paliwalla

Disputes whilst operating in the UAE When agreeing on contract terms, most parties will include a dispute resolution mechanism. Where the parties have agreed to arbitration, usually the arbitration centre will be agreed in the contract. Prior to agreeing on an arbitration centre in a contract, careful consideration should be given to which institution will work best for the parties and the likely disputes which may arise from the contract. This article provides a brief comparison of the rules of the Dubai International Arbitration Centre (“DIAC”), the International Chamber of Commerce (“ICC”), the Abu Dhabi Commercial Conciliation and Arbitration Centre (“ADCACC”) and the Dubai International Financial Centre - London Court of International Arbitration (“DIFC-LCIA”).

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Will Buckby and Ahmed Mian

In Swansea Stadium Management Company Ltd v City & County of Swansea & Anor [2018] EWHC 2192 (TCC), the TCC has enforced the purpose of a “no greater liability” clause in collateral warranties.

In this article Will Buckby and Ahmed Mian discuss the key points of the case and the judgment which brings good news to consultants and contractors providing collateral warranties to third parties.

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Mary Smith

Publication: The Insider (Issue 7), The Insurance Institute of Ireland

In the latest edition of The Insider, The Insurance Institute of Ireland's quarterly magazine, Associate Mary Smith comments on The Insurance Distribution Directive and what you need to know.

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