Articles - DAC Beachcroft

Articles

agosto 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 ...

Housebuilder Monthly Top Tip: Tied up in knots: encroachment of Japanese knotweed

Housebuilder Monthly Top Tip: Tied up in knots: encroachment of Japanese knotweed

The Court of Appeal has found that landowners may be liable to pay damages if Japanese knotweed (including the plant, or its roots or rhizomes) encroa ...

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 ...

Disclosure Pilot Scheme in the Business and Property Courts

Disclosure Pilot Scheme in the Business and Property Courts

To combat widespread concerns that the cost of disclosure remains disproportionately high, a radical reform of the procedural step of disclosure of do ...

Construction (Retention Deposit Schemes) Bill 2017-19

Construction (Retention Deposit Schemes) Bill 2017-19

The cash-flow problems retention can cause to contractors and sub-contractors by late, or worse, non-payment, are exacerbated where they are required ...

"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 ...

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 ...

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.  

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 ...