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 Hutchinson

The European Medicines Agency (EMA) has lost a High Court challenge brought by the Canary Wharf Group (CW) over the potential termination of its 25-year office lease. The decision will be of interest to those reviewing and negotiating construction contracts in light of Brexit.

In this article partner, James Hutchinson, discusses the background of the case, the decision by the High Court and its impact on construction contracts.

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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Federal Law No.6 of 2018 on Arbitration (the "New Law"), based primarily on the UNICITRAL Model Law and which expressly repealed the Old Law.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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Stephen Reilly

W&I insurance and tax. The ECJ has confirmed (19 January decision) in A Ltd v Veronsaajien that for cross-border transactions, insurance premium tax is payable in the country where the policyholder is based i.e. where the contractual risk is, rather than where the target company is based, writes Partner Stephen Reilly. Rates vary across Europe from as low as 2% up to 30% in some instances. IPT is 20% in the UK.

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Joanna Lewis and Jason Bird

An Approved Inspector ("AI") is an individual or organisation that privately and independently verifies that the Building Regulations have been complied with in a building project. This verification used to be conducted by the Building Control departments of the Local Authorities only.

In this article, Joanna Lewis and Jason Bird explain what an Approved Inspector does, their role and judgments that have recently considered the particular roles, responsibilities and potential liabilities of AIs.

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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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