At first glance, one may assume that a case concerning offshore windfarms would be of little interest to developers outside the energy sector. However, the outcome of the recent MT Højgaard v E.ON case has a wider impact when considering design obligations under a building contract. A key issue in the case (upon which responsibility for a […]
The sector holds many demons but disputes over complex contracts and tricky engineering can be dodged with a few sensible steps. With record levels of investment in the rail sector, parties carrying out track works should learn from previous disputes to avoid the same mistakes being repeated. Here are three points to consider. Agree relevant […]
With the Commons Select Committee inquiry into Carillion in full swing, the press reports feature sensational allegations levelled at the directors and former directors. The FCA is looking into the market announcements that were made pre-liquidation, one shareholder is calling for an investigation into management and the Chair of the Work and Pensions Committee has described […]
The Public Guardian’s new ‘Practice Note PN7: giving gifts’ is a must-read for any attorney appointed under an Enduring or Lasting Power of Attorney, or deputy, faced with the thorny issue of whether they can use the incapable donor’s funds in a transaction which is not for value – such as a payment by way […]
Introduction Developers often identify land that looks good for development on the face of it, only to discover that there are restrictive covenants preventing the land from being developed or used in the way they would like. This can be incredibly frustrating; especially where the restrictive covenants are historic and the interests they seek to […]
The tale of Two Right Feet Limited reminds us of the importance of investigating and considering the merits of a claim prior to commencing proceedings, and the dangers of forging ahead with speculative litigation. In July 2017 a judgment of the High Court of Justice in Two Right Feet Limited (In Liquidation) v National Westminster […]
What do contractors need to be aware of when considering limitation periods, and how can it affect the claims they make? Claims arising from construction projects often require consideration of the law of limitation. Limitation periods are statutorily prescribed windows within which claimants must commence claims. These periods do not, however, sit naturally against the nature […]
Block insurance policies are a very common way of insuring multiple properties. Landlords can benefit from economies of scale and may find the administration easier with only one renewal date and uniform terms. However, earlier this year the Upper Tribunal held that one landlord could not recover its block policy premia, despite being permitted to […]
In a landmark decision in Lungowe v Vedanta Resources Plc the Court of Appeal has ruled that a number of claimants can pursue their claim against a Zambian mining company and its English parent in the English courts despite the claim’s limited connection to England. The decision has widened the scope of potential claims against […]
Occupiers must be alert to changes to lending and insurance requirements as a result of the Grenfell Tower tragedy. The fire initiated the largest review of health and safety legislation in the UK since 1945. Two inquiries are currently underway which are expected to lead to substantial changes to building regulations and fire safety, with […]
Mrs Mary Sargeant’s case is a classic example of why advisers of bereaved widow(er)s are ideally placed to help their clients consider whether sufficient provision has been made for them under their deceased spouse’s Will. The problem, as Mrs Sargeant found out, is that this is sometimes not obvious even a number of months after […]
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