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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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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Martin Browne and Emmet Cahill

A recent Court of Appeal decision highlights the importance for defendants / occupiers of ensuring not only the existence and adequacy of a cleaning system, but also that it is correctly implemented.

In this article, Martin Browne and Emmet Cahill discuss the potential ramification of the decision for occupiers and the steps which must be undertaken to ensure that businesses are not merely compliant with the law but are actively implementing their own procedures.

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Sarah Conroy, Niamh Loughran and Conor Williams

The Workplace Relations Commission (WRC) has endeavoured to adapt to the situation currently facing Irish employers and employees. Following the cancellation of all adjudications, face-to-face conciliations and mediations since 13 March 2020 the WRC has carried out a consultation program with stakeholders to establish a protocol for dealing with complaints during the Covid 19 crisis.

In this update we highlight the key points of the WRC guidelines which came into effect on 20 May 2020.

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James Vernon and Charlotte Gooch

The latest Technology and Construction Court (‘TCC’) judgment on payment and the enforcement of an adjudicator’s decision has been handed down. The Judge applied the “smash and grab” and “pay now argue later” principles as confirmed in the recent Court of Appeal decision of S&T (UK) v Grove Developments Limited.

In this article, James Vernon and Charlotte Gooch explain the circumstances that lead to this decision, and its relevance to the operation of payment provisions in the construction industry going forward.

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