Insights: Publications - April 2017

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Supermarkets and ships: solicitors in shock!


Well, not quite shock. Two cases from November 2016, from different divisions of the High Court, have stood out as providing specific advice, or more accurately warnings, to contract drafters, be they solicitors or not. The cases concern very different industries, but each contain an important message to contract drafters and clients: in all elements […]

The new Pre-Action Protocol for construction and engineering disputes

Christian Charles |

Background Most construction and engineering disputes are settled by negotiation and without the need for formal dispute proceedings.  Where disputes cannot be resolved in this way, a claimant will usually have the option of pursuing its entitlements through statutory or contractual adjudication.  In some cases, however, litigation or arbitration will be necessary. Before commencing court […]

Grip tight and hold on: latest trends in the construction of amusement rides


Quantitative risk assessment techniques are changing the way in which amusement rides are designed, inspected and operated.  Modern rides are becoming dependent on computer-based technology with control systems allowing rides to perform increasingly complex functions at very high speeds.  Passenger safety can depend on the correct operation of control systems and their failure could compromise […]

Construction Industry Council publishes Users’ Guide to Adjudication


The CIC’s free User’s Guide to Adjudication has just been republished and contains useful advice for anyone involved in adjudication. The Construction Industry Council has republished its free ‘User’s Guide to Adjudication’, updated to 2017. This replaces the 2003 version, which was popular with many in the construction industry – especially those involved in adjudication […]

Planning new experiences? What you need to know

Mark Harnett |

How public attractions are used is changing.  There is a growing recognition of the increasing demand for a broader night time culture and entertainment offering, which in turn is leading to cities starting to re-evaluate their night time economies.  Sleepovers already allow guests to experience a night at the museum or the zoo and the […]

Health and safety doesn’t happen by accident


Everyone loves the excitement of an adrenaline packed day at a theme park, but for some thrill seekers 2016 was a year to forget.  Injuries to passengers after the derailment of a rollercoaster carriage in June 2016 at the UK’s M&D’s Scotland theme park and fatalities on the Thunder River Rapids ride at Australia’s Dreamworld […]

Thunder in paradise: Harlequin Property v Wilkins Kennedy


A striking recent case from the Caribbean highlights the vital importance of putting formal, contractually binding payment procedures in place. At its heart, Harlequin Property v Wilkins Kennedy [2016] EWHC 3233 (TCC) was a professional negligence case – albeit one with trimmings of the absurd. The claimant, Harlequin Property, was the developer of a luxury […]