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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Cathie Shannon & Mary Smith

Cathie Shannon and Mary Smith consider a recent Irish High Court decision, which highlights the importance for parties to give due consideration to compromising their proceedings without the need for a hearing. It also provides a warning to Plaintiffs who choose to ignore reasonable offers of settlement made during the course of proceedings.

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Scott Lambert, Sadaff Habib & Jeremy Russell

PPP project contracting is commonly used for public infrastructure projects such as new roads, hospitals, schools, telecommunication systems, airports or power plants.

After a quarter of a century from Oman’s first PPP project, it is now on the verge of issuing a new PPP law. Oman will also establish a dedicated authority to oversee the implementation of this law.

In this article, Scott Lambert, Sadaff Habib and Jeremy Russell discuss what a new PPP law in Oman might mean.

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Andrew Jones

The importance of always checking the validity of service.

Judgement was handed down yesterday in Peak Health Distribution Limited v Harris Lacey & Swain (a partnership) (2018), where the High Court held there was no "good reason" for retrospectively validating a solicitor's defective attempt at personal service. The Court struck out the £0.5m claim against the Defendant firm of accountants.

In this article, Andrew Jones discusses this new judgement, and the impact it will now have on cases such as this going forward.

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Sarah Conroy & Jennifer Havard

A decision by the UK Court of Appeal on 3 July last dismissed Network Rail's appeal of the decision of Mr Recorder Grubb in Cardiff County Court on 2 February in relation to a number of private nuisance claims.

As previously discussed in an earlier article, Japanese Knotweed - What a nuisance, neighbours Stephen Williams and Robin Waistell received damages for nuisance caused by Network Rail's failure to control the Japanese Knotweed that had encroached on to their land.

In this article, Sarah Conroy and Jennifer Havard provide an update on this decision and how the presence of Japanese Knotweed can cause damage on the land surrounding it.

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Andrew Croft & Ben Spannuth

Publication: Construction Law

Our regular round up of the court decisions of most interest to construction from Andrew Croft and Ben Spannuth. They look at a Scottish case that highlights the interaction between design obligations and workmanship obligations when considering fitness for purpose; and another that introduces a new ground for seeking to resist enforcement of an adjudicator's where there is a real risk that any adjudication award would be dissipated by the claimant.

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Cathie Shannon & Mary Smith

The European Union (Insurance Distribution) Regulations 2018 were signed by the Minister on Wednesday, 27 June 2018. These Regulations transpose the Insurance Distribution Directive or "IDD" into national law and will enter into force on 1 October 2018. This fulfills Ireland's requirement to transpose the IDD into national law ahead of the transposition deadline of 1 July 2018.

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Will Buckby

Publication: This article appeared in CIHT's Transportation Consultants Directory 2018

Will Buckby, Partner, discusses the fallout from Carillion's insolvency in this year's Transportation Consultants Directory from CIHT. It has brought recognition of the need for change within the industry says Will and "we are now seeing consultants and sub-contractors being more cautious than they were previously and looking at risk and payment more carefully".

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Cathie Shannon & Cian O'Gorman

The decision in Honahan & anor v McInerney Construction Limited & ors [2018] IEHC 311 concerned the engagement by the plaintiffs of a number of parties for the purchase of a site and construction of a dwelling in February 1996. It is the latest in a string of recent applications to strike-out High Court actions where the plaintiffs have been less than assiduous in progressing their litigation.

In this article, Cathie Shannon and Cian O'Gorman discuss this recent judgment and also provide an insight as to how this decision came about.

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