Publications
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| May 2nd 2008 - Another Way | |
| ADR: should we be more alternative? Steven Friel investigates | |
| See full article | |
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| April 28th 2008 - Joint names insurance - relief from liability? | |
| The Court of Appeal judgment in Tyco v Rolls Royce, handed down in April 2008, highlights the importance of precise wording in construction contracts containing a provision for joint names insurance. Further, it calls into question whether the existence of a joint names insurance policy overrides a contractor's liability to an employer for damage caused by the contractor's negligence. | |
| See full article | |
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| April 25th 2008 - The first hurdle for Financial Services Authority ("FSA") principle-based regulation | |
| The FSA is in the process of changing the way it regulates financial services in the UK. The FSA wants firms to focus on the consequences of their actions rather than on rigid adherence to specific rules. | |
| See full article | |
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| April 24th 2008 - Are you ready to record your waste? | |
| New regulations may save money on handling waste, but the work involved for contractors to comply is onerous. | |
| See full article | |
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| April 18th 2008 - A matter of time... and claims | |
| Where it can be shown a claimant has suffered no loss, timing does not usually enter the equation, Philip Murrin acted for the solicitors in this case. | |
| See full article | |
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| April 14th 2008 - Interpretation of contract - Property Law Journal | |
| Ian Pease examines a case which has highlighted the limits of pre-contractual negotiations when it comes to interpreting an agreement. | |
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| April 11th 2008 - Dealer Standard Terms - LAPADA News & Views Magazine, Vol 28 No. 1 | |
| The antiques trade is perhaps the last business where contracts for valuable goods are made and ruthlessly kept and enforced by word of mouth alone. However when disputes arise the precise terms of the contract and what was said at the time of sale can be of paramount importance. | |
| See full article | |
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| April 11th 2008 - Waste Not, Want Not - Construction Wire April 2008 | |
| The Site Waste Management Plans Regulations 2008 Are you a client or a contractor and about to start a construction project in England with an estimated cost of more than £300,000 (excluding VAT)? If you are, you need to be aware of the Site Waste Management Plans Regulations 2008. They came into force on 8th April. They apply to projects where the construction work begins after 1st July 2008. |
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| April 10th 2008 - A protocol that's best not avoided - Construction News | |
| John Malins explains that before taking a claim to court both parties must comply with a pre-action protocol for exchanging information. | |
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| April 8th 2008 - Controlling Minds - Showhouse | |
| The Corporate Manslaughter and Corporate Homicide Act 2007 came into force on 6 April 2008. Fiona Gill discusses the implications for industry. | |
| See full article | |
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| April 4th 2008 - Hibbert Pownall Newton ("HPN") v Whitehead & McLeish | |
| A review of the Court of Appeal’s judgment in Hibbert Pownall Newton (“HPN”) v Whitehead & McLeish, which was handed down on 4 April 2008. Davies Arnold Cooper acted for the solicitors, HPN. | |
| See full article | |
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| April 4th 2008 - Summing up - Housebuilder | |
| Robert Lee, head of real estate considers the legal challenges involved in taking forward the government's housing delivery agenda. | |
| See full article | |
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| April 1st 2008 - HR@work - Employment bulletin - April | |
| In this month's HR@work we look at the recent decision concerning in vitro fertilization treatment (IVF), TUPE / share transfer developments and the relevance of expired warnings in disciplinary proceedings. We also announce the appointment of our new employment solicitor in Manchester. | |
| See full article | |
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| March 31st 2008 - Park & Ride - Showhouse | |
| Henry Long discusses changes to the law on easements to park | |
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| March 31st 2008 - Application overhaul - Property Law Journal | |
| Early April will see increases in fees and changes in relation to the validation of planning applications. Colin Peck discusses the details. | |
| See full article | |
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| March 28th 2008 - One month to go - Insurance Day | |
| April 17 will see new regulations intended to bring about the liberalisation of the Brazilian reinsurance market come into effect, writes Matthew Wescott. | |
| See full article | |
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| March 20th 2008 - Professional Negligence - Legal Week | |
| Following the notorious Brandons case of a lawyer misappropriating client funds, Philip Murrin and Evi White look at what a bankrupt solicitor means for professional indemnity insurers | |
| See full article | |
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| March 17th 2008 - The Lords and the LADs - Construction update - Property Law Journal | |
| Ian Pease analyses the intricacies of extension of time clauses, in relation to a claim for liquidated and ascertained damages, and the service of notices | |
| See full article | |
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| March 14th 2008 - WASA International Insurance Company Limted v Lexington Insurance Company - Court of Appeal 29 February 2008 | |
| The Court of Appeal has reversed last year's Commercial Court decision which has serious implications for the value of facultative reinsurance written in the London Market. | |
| See full article | |
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| March 14th 2008 - Three little words - £50m lost | |
| In Standard Life Assurance Limited v Oak Dedicated Limited and others, the Commercial Court has sounded a warning to those responsible for preparing wordings, highlighting the danger of using anything other than the clearest language where aggregation is concerned. | |
| See full article | |
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| March 11th 2008 - DAC aims to double size- Manchester Evening News | |
| Manchester law firm Davies Arnold Cooper today unveiled plans to double the size of its operation in the city as it looks to offer flexible working to entice new recruits | |
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| March 1st 2008 - Park and Ride - Showhouse magazine March 2008 | |
| Park and Ride - Showhouse magazine March 2008 | |
| See full article | |
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| February 28th 2008 - When time really is of the essence | |
| There is no automatic right to terminate a contract unless it actually states that a deadline must be met. Article by Jonathan Pawlowski in Construction News. | |
| See full article | |
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| February 25th 2008 - Venezuela challenges $12 billion freezing order obtained by ExxonMobil in support of ICSID proceedings | |
| Venezuela’s state-owned Petróleos de Venezuela (PDVSA) will this week appear before the High Court in London in response to a freezing order obtained over its assets by a US oil major. | |
| See full article | |
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| February 25th 2008 - HR@work - Employment bulletin - February | |
| In this month's HR@work we highlight some recent decisions on age, disability and sexual orientation discrimination and look at the latest Court of Appeal ruling on agency workers. We also look at the forthcoming changes in immigration rules of which all UK employers should be aware. | |
| See full article | |
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| February 21st 2008 - Brokers tighten covenants as poaching fears grow - Insurance Times | |
| Brokers will be asked to sign up to more restrictive contracts as the industry tightens up the terms that govern departing employees in the wake of a poaching epidemic. | |
| See full article | |
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| February 21st 2008 - Suspicious Minds - Insurance Times | |
| As the world of broking gets ever more cut throat, employers will stop at nothing to stop former staffers walking out the door with company secrets. | |
| See full article | |
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| February 18th 2008 - Global connections - Construction update | |
| Ian Pease explores global claims in the context of a number of international decisions and provides some practical advice. | |
| See full article | |
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| February 14th 2008 - Online Auctions Take a Hammering - Antiques Diary Magazine | |
| For those companies relying on their name to sell goods at a premium, brand protection is paramount. The opportunity provided by on-line auction sites for trade in counterfeit goods is therefore a serious concern to any leading brand. | |
| See full article | |
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| February 14th 2008 - Insite Winter 2007 | |
| Insite residential newsletter - Winter 2007 | |
| See full article | |
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| February 14th 2008 - Through the roof | |
| Planning fees are set to increase to a maximum of £250,000 for detailed applications. Colin Peck and Tim Johnson discuss the implications. | |
| See full article | |
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| February 13th 2008 - Introducing Davies Arnold Cooper's Commercial Litigation Group | |
| Davies Arnold Cooper is a leading international law firm with expertise in commercial litigation. We believe our business focused-approach distinguishes us from the competition. | |
| See full article | |
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| February 13th 2008 - Introducing our Hotels Experience- ppt bilingual | |
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| February 8th 2008 - Support for a good cause - Insurance update | |
| In Drake v Harbour [2008] EWCA Civ 25 the Court of Appeal upheld a decision that the judge had been entitled to find that the negligence of an electrician in failing properly to inspect a festoon cable was the cause of a fire even though the claimant had been unable to establish the exact mechanism that had led the cable to overheat. The prospects of success for insurers pursuing subrogated recoveries are as a result improved - claimants will succeed if they can establish a credible (albeit not precise) cause in the absence of any other reasonable explanations for the loss. | |
| See full article | |
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| February 5th 2008 - Highway robbery? - Showhouse magazine February 2008 | |
| The issue of who is liable for the maintenance of roads and footpaths within a development is tricky one. Colin Peck explains. | |
| See full article | |
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| January 30th 2008 - HR@work - Employment bulletin - January | |
| This month we are profiling four recent decisions in the European Court of Justice, Court of Appeal and High Court. Also, to keep you up to date, we profile our recent new joiners and our review of the top ten employment issues in 2007. | |
| See full article | |
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| January 29th 2008 - DAC brings in Manchester property head - The Lawyer | |
| See full article | |
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| January 25th 2008 - Survey shows reforms support - Insurance Day | |
| See full article | |
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| January 18th 2008 - Delaying tactics - Construction update | |
| A recent case has implications for the use of computer programs to analyse delays in projects, and provides further insight into concurrency of delays. Ian Pease reports | |
| See full article | |
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| January 3rd 2008 - Developing the HIP - Showhouse | |
| The arrival of HIPs for all properties from 14 December 2007 has meant that all housebuilders are having to get to grips with this legislation. Tony Kent and Karen Oliver of Davies Arnold Cooper explain. | |
| See full article | |
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| January 1st 2008 - Construction Review Top Ten 2007 | |
| Davies Arnold Cooper review of the Top Ten construction cases in 2007. | |
| See full article | |
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| December 20th 2007 - Dealer due diligence - LAPADA News & Views magazine, Vol 27 No. 4 | |
| Many disputes concerning the sale or purchase of a work of art by a dealer could be avoided, or the risks involved minimised, by adopting certain recommended and achievable practices. | |
| See full article | |
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| December 14th 2007 - Litigation - Credit Crunch | |
| Who stands in the firing line when the litigation starts? Published in Bloomberg European Law Journal, Vol. 1, No. 3. | |
| See full article | |
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| December 13th 2007 - That was the year that was - Construction update - Property Law Journal | |
| See full article | |
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| December 11th 2007 - Raising the roof - Showhouse | |
| Raising the roof article by Tim Johnson and Kali Yau. | |
| See full article | |
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| December 6th 2007 - A big problem - Legal Week | |
| Employers should take more responsibility for the wellbeing of their staff. | |
| See full article | |
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| December 5th 2007 - Sustainable real estate developments | |
| Davies Arnold Cooper is a leading law firm with expertise in delivering sustainable real estate developments. We believe that "sustainability" in real estate development means much more than achieving low-carbon and other environmentally-friendly targets. Developments also have to achieve ongoing social and management sustainability. And, most importantly, delivering profitability for developers and being commercially sustainable for decades to come. | |
| See full article | |
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| December 4th 2007 - Rubbishing modern art - finders keepers, losers weepers? | |
| Anish Kapoor's 1984 iconic sculpture, Hole and Vessel II, is believed to have been thrown into a skip and subsequently destroyed by the storage company entrusted to look after it. The law in this area remains surprisingly undeveloped and a source of problems for the unwary. Philip Davis and Graham Ludlam investigate. | |
| See full article | |
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| November 29th 2007 - Corporate Counsel: the verdict - Legal week | |
| Clients look for detailed staff and billing info from external counsel. | |
| See full article | |
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| November 27th 2007 - Claims Co-operation Clauses: Made to serve their purpose | |
| In AIG Europe (Ireland) Ltd v Faraday Capital Ltd [2007] the Court of Appeal was faced once again with the task of deciding about the true construction of the notification requirements set out in a Claims Co-operation Clause (CCC) in the context of reinsurance of a D&O liability policy. | |
| See full article | |
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| November 23rd 2007 - Shaping reform: industry needing to find its voice - Insurance Day | |
| Ken McKenzie investigates the importance of analysing all the ramifications of proposed reform to insurance law in England and Scotland. | |
| See full article | |
