Articles - DAC Beachcroft

Articles

August 2018

Ice climber's claim falls down on technical points

Ice climber's claim falls down on technical points

The Court of Appeal in its judgment in Committeri v Club Mediterranee SA and Generali Assurances IARD SA recently considered the question of whether a ...

Reducing the risk of third party liability  for professionals

Reducing the risk of third party liability for professionals

In  the recent case of BDW Trading Limited v Integral Geotechnique (Wales) Limited [2018] EWHC 1915, Judge Stephen Davies QC offers valuable guidance ...

Dishonest Driving Instructor Learns the Harsh Letters of the Law

Dishonest Driving Instructor Learns the Harsh Letters of the Law

Mr Jafar Kazemi v Mrs Jayantilal Gohil This case was defended as a low speed impact in which DACB called the learner driver as a witness to give evide ...

Construction Risks - August 2018

Construction Risks - August 2018

This has been a busy period for the Court, with numerous important cases and potential legislation. There has been the widely reported case of Grove v ...

Beware of the back firing (hired) gun

Beware of the back firing (hired) gun

In the recent decision of Bank of Ireland v Watts Group PLC, Mr Justice Coulson considered the duty of care that a quantity surveyor (Watts) owed when ...

Be careful what you sign up to….

Be careful what you sign up to….

In the recent decision of Triumph v Primus, shortly before his appointment to the Court of Appeal, Mr Justice Coulson ordered, on application by the D ...

Oral Variations to contracts

Oral Variations to contracts

This case analyses a question that many thought was essentially settled law: whether a contractual clause purporting to prohibit oral variations – kno ...

Damages for wrongful termination

Damages for wrongful termination

This case highlights the difficulties but also the considerations which should be taken into account when terminating another party.  

The end of "smash and grab" adjudications?

The end of "smash and grab" adjudications?

In Grove Developments Ltd v S&T (UK) Ltd [2018] EWHC 123 (TCC), it was held that the employer was entitled to refer a dispute about the value of t ...

"Thickening" claims

"Thickening" claims

A claimant may issue a claim for particularised overhead costs where it can prove that the relevant head office overheads had "thickened", i.e. necess ...