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…
Learnings and Reflections from the Independent Neurology Inquiry By Natasha Moffett The Independent Neurology Inquiry has now published its’ findings. The Inquiry Chair, Mr Brett Lockhart QC, delivered a statement announcing the publication of the Inquiry Report on 21 st June via live stream which is available to watch back on…
Commercial Court upholds CMR Convention limits Knapfield v. C.A.R.S Holdings Ltd & Ors (2022) By Anthony Menzies The Convention on the Contract for the International Carriage of Goods by Road (the CMR Convention) has been ratified by most European states, and was given effect in England by the Carriage of Goods by Road Act 1965. The CMR applies to every…
Avoid being sanctioned for breaching sanctions – navigating the new rules By Christopher Dyke The world has witnessed the deplorable humanitarian consequences which have resulted from Russia’s invasion of Ukraine, but there are commercial consequences too. Almost no area of the UK economy is exempt from new rules designed to severely…
Settlement of claims and complaints – how far can you go? By Clare Hughes-Williams Claimants bringing professional negligence claims can sometimes also threaten, or bring, a regulatory complaint in respect of the same issues which form the basis of the civil claim for damages. In claims against solicitors, a Claimant may consider…
Smart legal contracts – are they for the construction industry? By Harriet Hawkins What are smart legal contracts? Smart legal contracts are a subset of smart contracts. A smart contract is a computer program (i.e. a set of instructions in the form of code) which runs automatically, in whole or in part, without human…
John Graham v Technicas Reunidas UK Ltd - Importance of earlier adjudicators’ decisions / arbitrators’ awards? By Mark Roach This case involved an application by John Graham Construction Limited (“John Graham”) for summary judgment to enforce an Adjudicator’s decision dated April 2021 (the “Decision” or “Adjudication 4”) against Technicas Reunidas UK Ltd (“TR UK”). TR UK…
When is there a subcontract? By Mark Roach In the recent decision in Changing Climates Limited v Warmaway Limited [2021] EWHC 3117 (TCC) the Court found that a construction contract existed between two sub-contractors. The Court held that there was a course of dealings and there was an…
Application to enforce an adjudicator’s decision failed By Emma Milham The recent decision in Cubex (UK) Limited v Balfour Beatty Group Limited [2021] EWHC 3445 (TCC) is an example of when the Court will refuse to enforce an Adjudicator’s Award. A key factor in this decision was the type of works being carried out…
Bravejoin Company Ltd v Prosperity Moseley Street Ltd [2021] EWHC 3598 (TCC) (13 Dec 2021) By Mark Roach This case is a helpful reminder to employers and sub-contractors as to the crystallisation of disputes. It also serves as cautionary tale to employers to be careful about communications with sub-contractors if the contractual situation has not been…
The Right to Compensation: The Appeal Decision in Colley v Shuker By Annabel Lingham Colley v MIB [2022] EWCA Civ 360 The long-awaited decision following the MIB’s appeal against the 2020 ruling in Colley v Shuker [2020] EWHC 3433 (QB) was handed down on 22 nd March by the Court of Appeal, which has upheld the earlier judgment.…