- May 18, 2022
Co-insurance and subrogation rights under the spotlight once more
The case of The Rugby Football Union v Clark Smith Partnership Ltd and FM Conway Ltd joins a growing and I believe important line of cases dealing with issues of co-insurance and subrogation. (For commentary on these cases from my colleagues, see Blog posts, Insurance and subrogation, Co-insurance and subrogation rights revisited (again!), Joint insurance … Continue reading Co-insurance and subrogation rights under the spotlight once more →
- August 11, 2021
Try before you buy: the price of expert shopping
When it comes to replenishing my wardrobe, I have little patience for the careful selection of clothes for style and fit (this should come as no surprise). Instead, I am one of those who buys a job-lot of clothes once or twice a year to see me through the next couple of seasons. When I … Continue reading Try before you buy: the price of expert shopping →
- July 16, 2020
Not to be sniffed at… implied terms in the context of termination
Waste projects are sometimes perceived as the less glamorous side of our construction and infrastructure practice. That does them a disservice: they involve innovative technologies and the development of sustainable infrastructure solutions. The interface of those technologies with the allocation of risk for design and construction can present interesting and knotty contractual issues. For example, … Continue reading Not to be sniffed at… implied terms in the context of termination →
- October 5, 2016
Professional negligence claims: a change of direction?
In O’Hare and another v Coutts & Co, the High Court moved away from the “Bolam” test for professional negligence claims (by reference to what a responsible body of professionals would do), at least in respect of financial advisers alerting their clients to investment risks. Does this suggest a change is coming in assessing negligence claims against … Continue reading Professional negligence claims: a change of direction? →
- April 15, 2014
The effect of a failed adjudication on the JCT final certificate “conclusive evidence” clause
In University of Brighton v Dovehouse Interiors Ltd, Carr J in the TCC gave guidance on the meaning of “commenced” adjudication proceedings for the purposes of challenging a final certificate under the JCT standard form of contract. The judgment also considers what the position is where the adjudication is then aborted.
- June 19, 2012
All wrapped up? Is your settlement really full and final?
In Kazeminy v Siddiqi, a “full and final settlement” wasn’t so final. It’s a valuable reminder of the first rule of settlement.