Insurance Legislation By Helen Faulkner Legislative changes are bringing major changes to the Insurance landscape. This collection houses DAC Beachcroft's alerts on the pertinent issues.
The Insurance Act 2015 By Nick Young The Insurance Act 2015 comes into force in August 2016 and will represent a significant change to insurance contract law in this country. This collection provides practical advice and looks at various topics relating to the Act. You can save…
Second Automated Vehicles consultation paper launched By Peter Allchorne The Law Commission of England and Wales and Scottish Law Commission have launched their second consultation paper which focuses on self-driving cars, or Highly Automated Road Passenger Services (“HARPS”).
Successful Appeal Of Defendant Costs On The Small Claims Track By Owen Newcombe Following the appeal of Mr Nahid Ahmed v Axa Corporate Solutions Assurance [2019] the Defendant successfully appealed the decision not to award the Defendant’s costs on the small claims track, following the dismissal of the Claimant’s credit hire…
Scotland stands firm on the discount rate By John Maillie Government Actuary, Martin Clarke, has announced that the discount rate in Scotland is to remain at its current level of -0.75%. Now that there is disparity in discount rates between Scotland and England & Wales, what impact could this have on…
It's All In The Timing: Bringing claims under SPA tax indemnities and W&I insurance - A review of the decision in Minera v Glencore By Richard Highley In this article, we comment on issues arising in claims for tax losses under SPAs and W&I policies and focus on one of the issues the subject of the Court of Appeal decision in Minera, namely claiming losses under the SPA tax indemnity for…
Cost Budgeting in a Living Mesothelioma Case By Will Potts Master Thornett makes ruling on living mesothelioma claim and orders that it be subject to cost budgeting.
A warning to residential occupiers – when can the exemption against adjudication be thwarted? By Harriet Hawkins The recent decision of the Technology and Construction Court (TCC) in ICCT Ltd v Pinto [2019] EWHC 2134 (TCC) demonstrates circumstances in which residential occupiers may find themselves bound by an adjudication decision, even where they haven’t…
Trading names and Adjudication referrals – can a jurisdictional challenge succeed? By Rebecca Austin An interesting challenge of jurisdiction case was recently heard in the Technology and Construction Court concerning an Adjudication brought against the trading name of the responding party. In MG Scaffolding (Oxford) Ltd v Palmloch Ltd [2019]…
Identifying the ‘primary activity’ on-site – Engie Fabricom UK Ltd v MW High Tech Projects UK Ltd [2019] EWHC 1876 (TCC) By Mark Roach 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 that the Defendant had reasonable prospects of showing that the primary activity of the site in…
Construction Risks Newsletter - August 2019 By Mark Roach DAC Beachcroft's Construction Risks Newsletter features topical issues in construction. Welcome to the August version of DACB’s construction risks newsletter. Adjudication case law still dominates the Construction Court’s work, with a number of…
Occupational Stress in the Construction Sector By Chris Baranowski 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, anxiety and depression.
