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 and Charlotte Gooch

In this article, James Vernon and Charlotte Gooch discuss the much-anticipated Supreme Court decision in Bresco Electrical Services Ltd v Michael J Lonsdale (Electrical) Ltd [2020], which has been handed down.

After the Court of Appeal decision in Bresco and subsequent decisions, adjudication by an insolvent company was not impossible, but it was certainly not available by default. The Supreme Court judgment in Bresco has removed those restrictions and undoubtedly, opened the door for many more adjudications to follow by insolvency practitioners in the name of insolvent construction companies.

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Keith Lonsdale and Tristan Riley

In this article, Keith Lonsdale and Tristan Riley discuss a recent decision in the Technology and Construction Court highlighting the importance of defining clearly your contractual ‘design life’ expectations.

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James Vernon and Charlotte Gooch

In the recent case of J & B Hopkins Ltd v Trant Engineering Ltd [2020] EWHC 1305 (TCC), in rejecting a challenge to the enforcement of an Adjudicator's decision, Fraser J found that the "correction principle" does not extend to the effect that later payment cycles under the contractual payment process precludes a party from adjudicating in respect of a dispute under a previous payment application, including by way of a smash and grab adjudication. Further, Fraser J decided that there was no manifest injustice giving rise to a stay of execution.

In this article, James Vernon and Charlotte Gooch explain the facts of this case, and the implications of the decision.

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Joe Bryant and Fiona Murphy

Multiple Dwellings Relief (MDR) is a form of Stamp Duty Land Tax relief that applies to "qualifying" land transactions that completed after 19 July 2011.

In this article, Joe Bryant and Fiona Murphy explain the effect of Multiple Dwellings Relief, and look at the case of Fiander and Brower v HMRC [2020] UKFTT 00190 (TC) and how this will impact MDR going forward.

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Stephen Reilly and Andrew Jones

The Financial Conduct Authority (“FCA”) have today published a further update on the progress of its High Court test case concerning coverage for Covid-19 related losses under Business Interruption (“BI”) insurance policies, including the livestream of a Case Management Conference tomorrow 16 June 2020.

In this note, Stephen Reilly and Andrew Jones provide an update regarding the ongoing Financial Conduct Authority High Court test case.

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Stephen Reilly and James Hughes

The Financial Conduct Authority (“FCA”) yesterday published an update on the progress of its High Court test case concerning Business Interruption (“BI”) insurance policies.

The FCA confirmed that proceedings have now been commenced in the High Court with relevant court documents, including the claim form and particulars of claim, available through the FCA’s dedicated BI insurance webpage.

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Will Buckby

Price escalation clauses are contractual provisions that allow for adjustments to be made to the agreed contract price where there are fluctuations in the costs of certain elements of the works. Such clauses are particularly relevant in the current market, with Covid-19 causing significant economic volatility and creating difficulties in the supply of labour and raw materials.

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Joe Bryant and Fiona Murphy

There has been a lot of commentary in the past 8 weeks or so about the risks the Covid-19 pandemic poses to various professions, perhaps none so clearly as the Insurance Broking industry. Business Interruption (“BI”) Insurance Policies in particular are being pored over closely, not least in light of the FCA’s ongoing action to seek judicial declarations (to resolve contractual uncertainties arising out of select BI Policies) and the current Hiscox Action Group (challenging Insurers’ pandemic exclusions in its commercial BI policies). It is almost inevitable that we will see an increase in claims against Insurance Brokers as a result. But, that is not where the story ends for Insurance Brokers.

In this article, Joe Bryant and Fiona Murphy look at the potential risks arising out of Covid-19 for Insurance Brokers moving forward.

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