Articles - DAC Beachcroft

Articles

August 2019

Key developments in Pensions: July 2019

Key developments in Pensions: July 2019

A report detailing recent key developments in Pensions.

A warning to residential occupiers – when can the exemption against adjudication be thwarted?

A warning to residential occupiers – when can the exemption against adjudication be thwarted?

The recent decision of the Technology and Construction Court (TCC) in ICCT Ltd v Pinto [2019] EWHC 2134 (TCC) demonstrates circumstances in which resi ...

Housebuilder Top Tip: NMA to a RMA OK?

Housebuilder Top Tip: NMA to a RMA OK?

In the recent case of Fulford Parish Council v City of York Council, the local authority (York) sought to approve a non-material change to a reserved ...

Trading names and Adjudication referrals – can a jurisdictional challenge succeed?

Trading names and Adjudication referrals – can a jurisdictional challenge succeed?

An interesting challenge of jurisdiction case was recently heard in the Technology and Construction Court concerning an Adjudication brought against t ...

Identifying the ‘primary activity’ on-site – Engie Fabricom UK Ltd v MW High Tech Projects UK Ltd [2019] EWHC 1876 (TCC)

Identifying the ‘primary activity’ on-site – Engie Fabricom UK Ltd v MW High Tech Projects UK Ltd [2019] EWHC 1876 (TCC)

Executive Summary In Engie Fabricom UK Ltd v MW High Tech Projects UK Ltd, the Court refused to enforce an adjudicator’s decision because it found tha ...

The Court of Appeal provides guidance on the proper interpretation of clauses exempting liability for loss or force majeure clauses

The Court of Appeal provides guidance on the proper interpretation of clauses exempting liability for loss or force majeure clauses

Executive Summary 1. The decision in Classic Maritime Inc v Limbungan Makmur SDN BHD [2019] EWCA Civ 1102, 2019 WL 02617095 has implications for parti ...

The High Court considers an adjudicator’s Decision and a failure to correctly interpret a contract

The High Court considers an adjudicator’s Decision and a failure to correctly interpret a contract

Executive Summary 1. Willow Corp S.A.R.L. and MTD Contractors Limited [2019] EWHC 1591 (TCC) is one of the first reported cases regarding the severabi ...

Construction Risks Newsletter - August 2019

Construction Risks Newsletter - August 2019

DAC Beachcroft's Construction Risks Newsletter features topical issues in construction. Welcome to the August version of DACB’s construction risks new ...

Occupational Stress in the Construction Sector

Occupational Stress in the Construction Sector

In 2018 82,000 cases of ill-health were reported in the construction sector.  25% of those cases related to mental ill-health including stress, anxiet ...

Real Estate Tip of the Week: Has an Easement lost its Purpose?

Real Estate Tip of the Week: Has an Easement lost its Purpose?

An easement is a right attached to land allowing one land owner’s land (the dominant tenement) rights over another landowner’s land (the servient tene ...