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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Beale & Co

The UK Government announced today that it will allocate £200m to address private residential high-rise developments featuring combustible cladding, as it is alleged that freeholders and developers have failed to take appropriate action and have attempted to pass on the costs to leaseholders. This fund is similar to one announced in 2018 for social housing high-rise developments.

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Antony Smith, Anna Braden and Amelia Hamilton

Challenges to an arbitrator’s appointment are not everyday events, and successful challenges are rare. However, there may be instances where a party is dissatisfied with the arbitrator/s appointed and may seek to remove them from the tribunal.

The party challenging the arbitrator should be aware that the hurdle to success is set high and so should reflect carefully before mounting any challenge to an arbitrator’s independence or impartiality. However where there are genuine concerns, do not delay as any delay could be fatal to a challenge.

Antony, Anna and Amelia discuss the grounds and procedure for challenge under arbitral rules and the consequences of a successful challenge.

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Scott Lambert and Jeremy Russell

Under UAE law, there is no recognised concept of constructive acceleration and a Contractor who incurs additional expense to mitigate an Employer caused delay will not automatically be entitled to recover those costs.

In this article Scott Lambert and Jeremy Russell look at the position at law and under the contract, what to do and what an acceleration agreement should include.

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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).

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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.

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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.

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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.

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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.

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