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    Legal Update - Litigation Trends 2016
    2016-01-14

    Last year, the Ministry of Justice published its statistics for judicial and court activity in England and Wales for 2014. In this note, we take a look at the 2014 figures and highlight emerging litigation trends.

    Our own enquiries into professional negligence claims for the first three quarters of 2015 show that claims numbers are likely to be broadly similar to those for 2014 and 2013. We intend to follow this note with an update after the Ministry of Justice publishes its own figures for the whole of 2015 later this year.

    Filed under:
    United Kingdom, England, Wales, Construction, Insolvency & Restructuring, Litigation, Professional Negligence, Clyde & Co LLP
    Location:
    United Kingdom
    Firm:
    Clyde & Co LLP
    Wilson and Sharp Investments Ltd v Harbour View Developments Ltd [2015] EWCA Civ 1030
    2015-11-16

    Here the Court of Appeal granted an injunction which restrained a building contractor (Harbour View) from presenting a winding-up petition, overturning the high court's decision at first instance.  Harbour View had been engaged under two separate contracts based on a JCT Intermediate WCD (2011) to carry out works at two separate sites.  The employer (Wilson) failed to pay against two interim certificates (August 2013 and September 2013), leaving a sum of over GBP 1.6 million owing.

    Filed under:
    United Kingdom, Construction, Insolvency & Restructuring, Litigation, Clyde & Co LLP, Injunction
    Authors:
    Robert Meakin , Rachel Chaplin
    Location:
    United Kingdom
    Firm:
    Clyde & Co LLP
    Construction briefing
    2015-10-01

    Legal changes affecting construction businesses from 1 October 2015

    1 October 2015 ushers in a number of legal changes which affect construction businesses operating in the UK. We have provided brief highlights of some of the changes below. If you need further information, please contact us using the details on the right.

    Filed under:
    United Kingdom, Company & Commercial, Construction, Employment & Labor, Insolvency & Restructuring, Litigation, Dentons
    Authors:
    Nigel Barnett , Sarah Lawson , Rebecca Owen-Howes , Akin Akinbode , Gurbinder Grewal , Robert Turner
    Location:
    United Kingdom
    Firm:
    Dentons
    Oil price volatility – risks and opportunities in 2015 - update 12 – operator/contractor distress and supply contracts
    2015-10-01

    The recent further dip in oil price has placed even more pressure on the costs paid by Operators to Contractors, and also how much reliance Contractors can place on an Operator's promise to pay.

    Filed under:
    United Kingdom, Construction, Energy & Natural Resources, Insolvency & Restructuring, Clyde & Co LLP
    Authors:
    Stewart Perry
    Location:
    United Kingdom
    Firm:
    Clyde & Co LLP
    How many construction insolvencies in 2014?
    2015-05-05

    On 29 April 2015 The Insolvency Service of the UK Government published updated insolvency statistics which include a breakdown of insolvencies that occurred in 2014 across various industry sectors including the construction industry.  There are separate tables of statistics for England and Wales and for Scotland.

    Filed under:
    United Kingdom, Scotland, Construction, Insolvency & Restructuring, MacRoberts LLP
    Location:
    United Kingdom
    Firm:
    MacRoberts LLP
    Are you covered? Coverage issues for construction professionals
    2015-02-10

    In this two part guide we will be looking at issues that frequently arise when considering whether a professional indemnity policy responds to a claim against a construction professional.

    In Part 1 we consider whether there is cover. In particular:

    1. Prior claims – when will a “new” claim fall within an existing notification?
    2. The obligation to notify circumstances
    3. Aggregation
    4. Insolvency of the Insured

    Prior claims

    Filed under:
    United Kingdom, Construction, Insolvency & Restructuring, Insurance, Litigation, Womble Bond Dickinson (UK) LLP
    Authors:
    Emily Monastiriotis , Belinda Fox , Jonathan Spencer
    Location:
    United Kingdom
    Firm:
    Womble Bond Dickinson (UK) LLP
    PBA - possibly best arrangement for your project finance?
    2014-01-15

    Project Bank Accounts (PBA) are a payment mechanism based on ring-fenced bank accounts created to increase the security of contractors and sub-contractors in a building project. Their main benefits include security and speed of payment and protection of funds in potential insolvency. Sounds too good to be true? PBAs are becoming increasingly common, and with the Government commitment to use PBAs “unless there are compelling reasons not to do so”, their joint value in public sector contracts is expected to reach £4bn by this year.

    Filed under:
    United Kingdom, Banking, Construction, Employment & Labor, Insolvency & Restructuring, Projects & Procurement, MacRoberts LLP
    Authors:
    Shona Frame , David Wilson
    Location:
    United Kingdom
    Firm:
    MacRoberts LLP
    Coverage for insured property works - who pays when the insurer’s contractor goes bust?
    2013-07-10

    Insurers and insureds do not bear the risk of a contractor becoming insolvent when undertaking insured repair work. The insurer’s only obligation is to pay its appointed contractor and not any subcontractors engaged by that party.

    Background

    Filed under:
    United Kingdom, Construction, Insolvency & Restructuring, Insurance, Litigation, King & Wood Mallesons, Subcontractor
    Location:
    United Kingdom
    Firm:
    King & Wood Mallesons
    Failure to pay on adjudication decision - 'almost' insolvent is not enough
    2013-06-17

    The Technology and Construction Court has decided that judgment should not be stayed following a contractor's unsuccessful defence of an adjudication claim brought by its M&E subcontractor.

    The case reaffirmed some key principles in assessing whether a stay is justified in adjudication enforcement proceedings:

    Filed under:
    United Kingdom, Construction, Insolvency & Restructuring, Litigation, Mills & Reeve LLP, Technology and Construction Court
    Authors:
    Alexandra Price
    Location:
    United Kingdom
    Firm:
    Mills & Reeve LLP
    Triple Point Technology Inc v PTT Public Company Ltd
    2019-04-05

    [2019] EWCA Civ 230

    This was an appeal by the supplier of a software system against a TCC judgment dismissing its claim and ordering it to pay substantial damages on the counterclaim. The main issue of principle which arose was how to apply a clause imposing liquidated damages for delay in circumstances where the contractor or supplier never achieves completion.

    Filed under:
    United Kingdom, Company & Commercial, Construction, Insolvency & Restructuring, Litigation, Fenwick Elliott Solicitors, Liquidated damages
    Authors:
    Jeremy Glover
    Location:
    United Kingdom
    Firm:
    Fenwick Elliott Solicitors

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