Publications

Our lawyers contribute regularly to industry and legal journals including Building, Post Magazine and Solicitors Journal. In addition we write legal briefings, newsletters and case reports on our main practice areas.

Published and other articles are free and may be downloaded in PDF format.

See our most recent articles below or use the search function to find publications by Sector, Service and/or keyword. Articles over 1 year old are stored in our Publications Archive.

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Tom Pemberton & Nadir Hasan

Tom Pemberton and Nadir Hasan highlight key points which those considering entering into a Silver Book appointment should consider.

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Andrew Croft

New regulations came into force on 6 April 2017 requiring large LLPs and companies to report on their payment practices and performance. Whilst compliance with the reporting obligations will be seen as an additional administrative burden, they could help improve the pan-industry issue of late payment.

View our short video podcast where we outline the key aspects of the regulations and their practical implications.

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Giles Tagg

The Court of Appeal in Lejonvarn v Burgess recently considered the circumstances in which a duty of care in tort can arise in the complete absence of a contract or, indeed, any intent to form a contract.

Giles Tagg discusses this case and how a duty of care can arise in tort between parties in the absence of any other legal connection between them.

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Andrew Croft & Simii Sivapalan

Publication: Construction Law

Our regular round up of the court decisions of most interest to construction from Andrew Croft and Simii Sivapalan includes a decision highlighting that payment notices need to be free from ambiguity; and another confirming a trend for courts to adopt a common sense approach to liability limiting clauses.

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Andrew Croft & Simii Sivapalan

Publication: Construction Law

In our regular round up of court decisions of most interest to construction comes from Andrew Croft and Simii Sivapalan report on a shipbuilding dispute where the court gave a wide interpretation to an exclusion of 'consequential loss'; and another confirming that an adjudication on a failure to issue notices in relation to an interim payment will not prevent a party commencing a second adjudication in relation to the value of works.

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Will Buckby and Andrew Croft

The date of publication of the new NEC4 suite of contracts was announced recently as June 2017. Key changes will include a new Design Build and Operate Contract, a new Alliance Contract and a new approach to BIM.

This follows the recent publication of a number of updated standard forms of contract by a number of bodies including the ACE, JCT, IChemE and FIDIC.

Here we outline the key changes.

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Rhian Howell & Warren Owen

In one of the most important decisions this decade for those involved in professional negligence claims, the Supreme Court gave judgment today in BPE v Hughes-Holland (in substitution for Gabriel), the first case to consider Saamco in solicitors cases in the Supreme Court since it was decided in 1996.

In the lead Judgment Lord Sumption not only reaffirmed Saamco but also clarified how it should be applied in claims against professionals.

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Tom Pemberton

FIDIC have recently published the 5th edition of the Clients/Consultants Model Services Agreement ("the White Book"), together with the second edition of the Sub-Consultancy Agreement.

In this briefing note, Tom Pemberton highlights the key points which should be borne in mind when negotiating appointments based on the updated FIDIC agreements.

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