Will Buckby & Andrew Croft

Alliancing is being used increasingly on construction and infrastructure projects. The NEC has now published "Guidance on implementing alliancing using NEC3 Contracts", suggesting how the NEC3 suite of contracts can be used to achieve an alliancing approach.

Will Buckby and Andrew Croft comment on this guidance and discuss how useful it will be for those considering or adopting alliancing arrangements on any project following the Alliancing Code of Practice.

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James Hutchinson

The Competition and Markets Authority (CMA) has used its powers for the first time under the Company Directors Disqualification Act 1986 to disqualify a director for breach of competition law.

The disqualification follows the CMA's decision that Trod Ltd breached competition law by agreeing with one of its competing online sellers that they would not undercut each other's prices for posters and frames sold on Amazon.

James Hutchinson discusses this decision and provides an insight in to the legal issues that businesses need to consider when dealing with competitors.

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Nikki Baynes

On 12 December 2016 Mr Justice Coulson handed down judgment in the High Court in a dispute involving Wilkins Kennedy (now Wilkins Kennedy LLP, “WK”), a UK top 20 firm of accountants, and Harlequin Property (SVG) Limited (“Harlequin”). The case illustrates the importance of a clear retainer letter establishing the scope of the retainer and any liability from the outset (and before any works are undertaken) in order to protect an accountant (or any professional) from unfavourable terms being implied by a Court down the line after problems have arisen.

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Michelle Kilroy & Aislinn Cullen

This year two new statutory instruments were introduced which aim to improve the Irish litigation landscape. Michelle Kilroy and Aislinn Cullen discuss how these new instruments will impact litigation law in Ireland.

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Sheena Sood and Ian Masser

The Master of the Rolls has approved the New Pre-action Protocol for Construction and Engineering Disputes which came into force on 14 November 2016 (the “New Protocol”).

Several changes have been introduced into the New Protocol to try to address the trend of protracted and disproportionately expensive protocol periods that were becoming commonplace under the previous Pre-action Protocol for Construction and Engineering Disputes.

Here Sheena Sood and Ian Masser outline their predictions for how the New Protocol could operate and offer some practical tips that should be taken in to consideration going forwards.

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Sarah Conroy & John Creegan

Insurers should be aware that the Courts will not assist insureds or insurers in defending professional negligence actions where the insureds' underlying actions are illegal or fraudulent. Sarah Conroy and John Creegan discuss this and how it impacted the Court's decision in the case of Barry English v Niall O'Driscoll, Gearoid O'Driscoll and Dara Murphy.

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Andrew Croft and Adam Ifield

Publication: Construction Law - November 2016

Digitising construction will demand a joined up legal, commercial and technical approach, say Andrew Croft and Adam Ifield of Beale & Company Solicitors LLP in this overview of the legal implications of new, digital ways of working. Responsibilities and roles are likely to change quickly, they warn.

This article was fist published in November's edition of Construction Law.

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Andrew Croft and SImii Sivapalan

Publication: Construction Law - November 2016

In our regular roundup of the court cases of most interest to construction, Andrew Croft and Simii Sivapalan of Beale & Company Solicitors LLP focus on a decision highlighting that reservations about an expert’s jurisdiction must be raised at the outset of any dispute; and another highlighting that exclusions to agreements for extensions of time should be expressly set out.

This article was first published in November's edition of Construction Law.

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