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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Stephen Reilly & Sophie-Rose Bowen

The National Cyber Security Centre's July 2018 report focuses on the cyber risks that law firms face. Stephen Reilly and Sophie-Rose Bowen highlight the key issues arising.

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Antony Smith & Jason Bird

Two recent cases have shone light on the English court’s approach in granting anti-arbitration and anti-suit injunctions. Despite some concerns with the controversial nature of anti-arbitration injunction they remain a possible tool to restrain another party from commencing or participating in arbitration proceedings. Anti-suit injunctions, when ordered by the court, prevent the opposing party from bringing or continuing proceedings in a different jurisdiction. The English courts have remained firm in recent years by setting a very high standard to be met to grant an anti-suit injunction.

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Cathie Shannon & Mary Smith

In a recent Irish High Court case, Artisan Glass Studio Limited v The Liffey Trust Limited and others [2018] IEHC 278, the Plaintiff challenged a claim to privilege asserted by a Defendant in respect of two expert engineering reports obtained.

Cathie Shannon and Mary Smith comment on this case and address issues that can arise concerning expert reports and legal privilege.

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Cathie Shannon & Mary Smith

Cathie Shannon and Mary Smith consider a recent Irish High Court decision, which highlights the importance for parties to give due consideration to compromising their proceedings without the need for a hearing. It also provides a warning to Plaintiffs who choose to ignore reasonable offers of settlement made during the course of proceedings.

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Scott Lambert, Sadaff Habib & Jeremy Russell

PPP project contracting is commonly used for public infrastructure projects such as new roads, hospitals, schools, telecommunication systems, airports or power plants.

After a quarter of a century from Oman’s first PPP project, it is now on the verge of issuing a new PPP law. Oman will also establish a dedicated authority to oversee the implementation of this law.

In this article, Scott Lambert, Sadaff Habib and Jeremy Russell discuss what a new PPP law in Oman might mean.

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Andrew Jones

The importance of always checking the validity of service.

Judgement was handed down yesterday in Peak Health Distribution Limited v Harris Lacey & Swain (a partnership) (2018), where the High Court held there was no "good reason" for retrospectively validating a solicitor's defective attempt at personal service. The Court struck out the £0.5m claim against the Defendant firm of accountants.

In this article, Andrew Jones discusses this new judgement, and the impact it will now have on cases such as this going forward.

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Sarah Conroy & Jennifer Havard

A decision by the UK Court of Appeal on 3 July last dismissed Network Rail's appeal of the decision of Mr Recorder Grubb in Cardiff County Court on 2 February in relation to a number of private nuisance claims.

As previously discussed in an earlier article, Japanese Knotweed - What a nuisance, neighbours Stephen Williams and Robin Waistell received damages for nuisance caused by Network Rail's failure to control the Japanese Knotweed that had encroached on to their land.

In this article, Sarah Conroy and Jennifer Havard provide an update on this decision and how the presence of Japanese Knotweed can cause damage on the land surrounding it.

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Andrew Croft & Ben Spannuth

Publication: Construction Law

Our regular round up of the court decisions of most interest to construction from Andrew Croft and Ben Spannuth. They look at a Scottish case that highlights the interaction between design obligations and workmanship obligations when considering fitness for purpose; and another that introduces a new ground for seeking to resist enforcement of an adjudicator's where there is a real risk that any adjudication award would be dissipated by the claimant.

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