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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Giles Tagg and Sarah Hinton

For many years now, negligence claims against Accountants, Solicitors and Construction Professionals have formed the core subjects on the Professional Indemnity Insurance curriculum. Recently we have seen an increase in negligence claims being pursued against Educational Providers, such that they appear to be becoming a more prominent topic within the Professional Indemnity market.

In this article, Giles Tagg and Sarah Hinton explain the reasons why this has happened and how these types of claims can be prevented or defended.

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Sadaff Habib & David Murphy

For 26 years, arbitration in the UAE was governed by the infamous provisions Articles 203-218 of Chapter III of the Federal Civil Procedure Law No.11 of 1992 (the "Old Law). Last year the arbitration community gladly welcomed the enactment of the Federal Law No.6 of 2018 on Arbitration (the "New Law"), based primarily on the UNICITRAL Model Law and which expressly repealed the Old Law. The New Law has clarified and, to a certain extent, provided certainty to the arbitral tribunal's powers.

In this article, Sadaff Habib and David Murphy provide an insight into the changes in the arbitrator's role and powers under the New Law, and how it may impact arbitration going forward.

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Scott Ashby and Michelle Bakker

The Supreme Court has handed down its long awaited Judgment on the appeal brought by the defendant solicitors in the case of Perry v Raleys Solicitors.

In this article, Scott Ashby and Michelle Bakker discuss this significant Judgment for defendant firms of solicitors and their professional indemnity insurers. The Supreme Court has today confirmed that a claimant seeking damages from a firm of solicitors for an alleged loss of opportunity to pursue a lost litigation claim must first prove on all the evidence available that, on the balance of probabilities, they would have pursued that lost litigation claim and that it was an honest claim.

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James Vernon

A proposed bill on the use of project bank accounts (PBA) on government and public authority contracts indicates a further step being taken to legislate to ease the payment pressures in the construction industry and in particular the risk on SMEs.

In this note, James Vernon explains how this proposed bill will work and how it impact on the construction industry.

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James Vernon, Michael O'Brien and Priya Thakrar

A recent decision by the Court of Appeal on two first instance decisions has confirmed whether companies in liquidation or in a Company Voluntary Arrangement ("CVA") can commence adjudication proceedings. The judgment also provides clear guidance on challenges to an adjudicator's jurisdiction, which is of importance to all involved in adjudications.

In this article, James Vernon, Michael O'Brien and Priya Thakrar comment on the cases of Bresco Electrical Services Limited (in liquidation) v Michael J Lonsdale (Electrical) Limited and Cannon Corporate Limited v Primus Build Limited and explain each angle of the Court of Appeal's decision in this complicated area.

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Michael Salau

The Environment Agency has highlighted that in November of last year, Wessex Water offered the largest ever enforcement undertaking, amounting to £975,000.

Michael Salau comments on this enforcement undertaking and how water and waste companies appear to be at the forefront of convictions and undertakings.

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Antony Smith & Anna Braden

Two decisions in the Technology and Construction Court (in the cases of A v B [2018] EWHC 3366 (TCC) and Bond v Mackay and Others [2018] EWHC 2475 (TCC)) have provided some useful guidance and clarification on the grounds for challenging an Arbitrator's award.

The cases focus on the Court's discretion to vary an award by a tribunal as to its substantive jurisdiction under section 67 of the Arbitration Act 1996 (“Act”); and to set aside an award for serious irregularity under section 68 of the Act.

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Nathan Modell & Sophie-Rose Bowen

On 21 December 2018, an outright ban on the use of combustible materials on the exterior of new residential buildings over 18 metres in height came in to force.

In this note, Nathan Modell and Sophie-Rose Bowen explain what is (and is not) included in the amended regulations and possible further developments.

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