Articles - DAC Beachcroft

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Insurance

 

Allianz Insurance plc v University of Exeter - Court holds that damage from controlled explosion of a WWII bomb was not covered by property policy

Allianz Insurance plc v University of Exeter - Court holds that damage from controlled explosion of a WWII bomb was not covered by property policy

The Technology and Construction Court has handed down judgment in the case of Allianz Insurance plc -v- The University of Exeter [2023] EWHC 630 (TCC) ...

When is a Collateral Warranty a Construction Contract?

When is a Collateral Warranty a Construction Contract?

In Abbey Healthcare (Mill Hill) Ltd v Simply Construct (UK) LLP , the English Court of Appeal helpfully provided guidance on the subject of whether a ...

The Adjudication Landscape in Ireland

The Adjudication Landscape in Ireland

Adjudication was provided for with the introduction of the Construction Contracts Act 2013 (the “2013 Act”), and the right of a party to a constructio ...

Applications to Dismiss Proceedings in Medical Negligence Cases

Applications to Dismiss Proceedings in Medical Negligence Cases

A number of applications came before the High Court in 2022 where the relief sought was dismissal of the proceedings on the grounds of delay, and fail ...

Costs award reduced by 50% despite being successful in proceedings

Costs award reduced by 50% despite being successful in proceedings

In the recent case of Word Perfect Translation Services LTD v. Minister for PublicExpenditure and Reform [2022] IEHC 219 the Commercial Court has prov ...

Common law duty of directors of insolvent companies to have regard to the interests of creditors

Common law duty of directors of insolvent companies to have regard to the interests of creditors

After a lull during the pandemic, it is expected that the number of company insolvencies in Ireland will increase as financial pressures on businesses ...

Dereliction of duties - Company directors held personally liable for large scale fraud

Dereliction of duties - Company directors held personally liable for large scale fraud

The recent decision in Powers v. Greymountain Management Ltd [In Liquidation] [2022] IEHC 599 is significant in highlighting the consequences of direc ...

The Impact of ESG Issues for Directors and Officers and Underwriters in Ireland

The Impact of ESG Issues for Directors and Officers and Underwriters in Ireland

Companies are coming under an ever increasing scrutiny from shareholders, regulators and Governments, employees and the public at large in relation to ...

Third Party Litigation Funding and its future in Ireland

Third Party Litigation Funding and its future in Ireland

Third Party Litigation Funding (“TPLF”) has long been prohibited in Ireland. This is contrary to the position in other common law jurisdictions in whi ...

Challenges to Decisions of the Financial Services and Pensions Ombudsman

Challenges to Decisions of the Financial Services and Pensions Ombudsman

It has been a busy year for the High Court and Court of Appeal with applications and appeals in respect of decisions by the Financial Services and Pen ...