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The shifting sands of risk management in construction projects

Construction and engineering projects, whether land-based or marine, are inherently risky. For this reason, parties to construction and engineering contracts manage risk by seeking to allocate responsibility for each different type of risk to a particular party.

Chudley v Clydesdale: identifying the body

A recent Commercial Court case, Chudley v Clydesdale Bank plc has provided a rare comment on the application of the Contract (Rights of Third Parties) Act 1999 (the 1999 Act) and, in particular, on how you decide whether the contract adequately identifies the third party so as to allow them to enforce the contract.

Green Space Borough-Wide Preventative Injunctions: The Next Stage

In his previous article of 26th July 2017 Steven discussed the potential benefits of obtaining borough-wide Injunctions preventing anyone entering green spaces with vehicles, (most commonly mobile homes and caravans) and then fly-tipping industrial scale waste. This article deals with the fact that it is becoming increasingly clear that, where one local authority obtains protection in the form of a borough-wide injunction to prevent incursions onto its green spaces, a neighbouring borough becomes vulnerable to an increase in incursions.

Bad advice, limitation and tax avoidance

When does the claimant’s cause of action accrue in a professional negligence case? In particular, at what point has the claimant suffered a recoverable loss? This question is of course most relevant when a potential limitation defence arises under section 2 of the Limitation Act 1980, and is an issue that the courts have struggled with for some time. The recent case of Halsall v Champion Consulting Limited [2017] EWHC 1079 (QB) serves as a useful reminder of the difficulties that can arise in this area.

When must a client be saved from himself? It is all a question of money says the Court of Appeal.

Do solicitors’ duties depend on how much they are paid? Are clients entitled to expect the same level of service from solicitors when they are strapped for cash? In Thomas v HJFS, the Court of Appeal has suggested that the standard of professional duties could be lowered when they are provided at a discount. In Thomas v HJFS, the Court of Appeal (Jackson LJ giving judgment) suggested exactly this when dismissing an appeal by Mr Thomas, whose original claim for breach of duty of care against his former solicitor had also failed.

Is the Door Closing on the Unified Patent?

A cloud continues to loom over the implementation of the Unified Patent Convention, a system permitting a single patent covering numerous European countries. A cloud not too dissimilar to that which hung over Teresa May’s seemingly unilateral decision to notify the EU of the UK’s departure from the European Union.

Don't be late

Sarah McCann reports on a recent application for relief from sanctions.