Publications
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| December 14th 2006 - Part 36: a new regime for 2007 - Commercial litigation update | |
| The Civil Procedure Rules Committee (CPRC) is currently redrafting Part 36 and it is anticipated that the new regime will come into force on 6 April 2007. | |
| See full article | |
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| December 11th 2006 - Are innocent insureds still safe? - Insurance update | |
| The Court of Appeal Decision in Brit Syndicates v Italaudit SpA (in Liquidation) (formerly Grant Thornton SpA) handed down on 7 December 2006 highlights the pitfalls of professional indemnity insurance policy wordings and reinforces the imminent need for contract certainty in the insurance market. | |
| See full article | |
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| December 1st 2006 - Constructing accountability - Showhouse | |
| Are you ready for next year's radical changes to health and safety legislation? John Malins of Davies Arnold Cooper tells you how to be prepared. | |
| See full article | |
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| December 1st 2006 - Constructing Accountability | |
| The 1994 Construction (Design and Management) ("CDM") Regulations introduced new health and safety responsibilities for those involved in construction projects. In the most radical change to construction health and safety legislation since then, these Regulations will be replaced by the Construction Design and Management Regulations 2007. John Malins highlights the key changes in an article published in Showhouse Magazine. | |
| See full article | |
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| November 20th 2006 - Look bulletin November 2006 | |
| Want to keep up with construction law and practice? Never seem to find the time to read that long article or case report? Please click here for Davies Arnold Cooper's November edition of Look, our brief and concise construction update bulletin. | |
| See full article | |
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| November 16th 2006 - Claims co-operation clauses: do they serve their purpose? - Insurance update | |
| In AIG Europe (Ireland) Ltd v Faraday Capital Ltd [2006] the Court was faced once again with the task of deciding about the true construction of a Claims Cooperation Clause (CCC) in the context of D&O liability reinsurance. | |
| See full article | |
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| November 15th 2006 - Comments on The Control of Asbestos Regulations 2006 - Product liability and injury update | |
| The Control of Asbestos Regulations 2006 (SI 2006 No 2739) came into force on 13th November 2006 save for one provision, effective on 6th April 2007, regarding the reoccupation of a previously contaminated site. The object of the Regulations is to reduce future instances of work related asbestos related disease (ARD) by introducing further control measures including a new limit for airborne asbestos. Breach of the Regulations is a criminal offence. | |
| See full article | |
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| November 6th 2006 - Your flexible friend | |
| Can the right to sue for a breach of contract be effectively assigned? Ian Pease review a case that does not sit too comfortably with previous authority on the matter, but provides further evidence of the court’s flexible approach. | |
| See full article | |
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| November 1st 2006 - Raise the roof tax? - Showhouse | |
| Planning policy is rarely out of the headlines, and the last few months have been no exception. Tim Johnson of Davies Arnold Cooer looks at some of the most recent developments. | |
| See full article | |
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| October 19th 2006 - Football: it’s a doctor - patient thing - Insurance update | |
| In West Bromwich Albion FC –v- Mohamed El-Safty the Court of Appeal has refused a football club’s claim for losses suffered as a result of unsuccessful treatment to their injured player. | |
| See full article | |
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| October 18th 2006 - Dispute resolution in Jersey - Insurance update | |
| Many people are unsure as to the legal status of the Channel Islands and applicable law. Lyn Haynes explains the basis of the legal system in Jersey and the relatively new concept of ADR. | |
| See full article | |
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| October 16th 2006 - House of Lords gives green light for forum shoppers | |
| The House of Lords has ruled, in the case of Harding v Wealands (2006) UKHL 32 that the more favourable measure of damages under English law, rather than that provided by Australian law, applied in circumstances where a road traffic accident occurred in Australia and the culpable defendant was residing in England. | |
| See full article | |
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| October 16th 2006 - Proximity and policy: the Bangladeshi arsenic case | |
| The House of Lords has rejected the appeal of a Bangladeshi citizen in his group action against the Natural Environment Research Council (NERC) for issuing a geological report that allegedly induced the Bangladesh health authorities not to take steps that would have ensured that his drinking water was arsenic-free: Sutradhar v Natural Environment Research Council (2006) UKHL 33. The action was declared to have no reasonable prospect of success. | |
| See full article | |
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| October 6th 2006 - The law is an ass(ignment)?... Perhaps not - Construction update | |
| Ian Pease discusses a recent Court of Appeal case concerning assignment of contractual rights in which the Court takes a flexible attitude, thereby avoiding the "black hole" problem. | |
| See full article | |
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| October 1st 2006 - Don't take a walk on wild side - Showhouse | |
| Clearing scrubland for development may not seem a problem, but ignore the proper checks regarding resident wildlife and you could find yourself with a much bigger one | |
| See full article | |
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| September 22nd 2006 - Barker and the King of Persia - New Law Journal | |
| Uncertainty rules after the latest House of Lords' asbestos judgment, says Alison McAdams - New Law Journal. | |
| See full article | |
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| September 15th 2006 - The ongoing duties of a broker and their impact on limitation defences and contract certainty - Insurance update | |
| A decision on an interlocutory application in Great North Eastern Railway Limited v JLT Corporate Risks Limited, the latest in a series of cases arising out of a train derailment. | |
| See full article | |
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| September 11th 2006 - Look bulletin September 2006 | |
| Want to keep up with construction law and practice? Never seem to find the time to read that long article or case report? Please click here for Davies Arnold Cooper's September edition of Look, our brief and concise construction update bulletin. | |
| See full article | |
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| September 1st 2006 - Trapping gounds - Showhouse | |
| Developers should be very cautious when dealing with sites the public have been accessing for sports or pastimes. | |
| See full article | |
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| August 23rd 2006 - Charging ahead - The new RICS Code in service charges in commercial property | |
| Poorly managed service charges are one of the most frequent causes of disputes between landlords and tenants. A new RICS Code of Practice may present serious implications for managing agents if they do not take heed. | |
| See full article | |
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| August 16th 2006 - Non-party costs update | |
| An update on the November 2005 Commercial Court judgment in Petroleo Brasileiro v Petromec Inc and Others; Petromec Inc v Petroleo Brasileiro SA, where Moore-Bick LJ found that there were sufficient grounds for making a non-party costs order against an individual, Mr German Efromovich.This Wire reports on Mr Efromovich's unsuccessful appeal. | |
| See full article | |
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| August 4th 2006 - Climate change - there could hardly be a debate of greater importance for the insurance industry | |
| The world's insurance and reinsurance community are preparing themselves for the new hurricane season which was officially declared on 1 June. 2005 proved to be the worst hurricane season on record with domestic US insurers receiving over three million claims with insured losses (a fraction of actual losses we should remember) of between US$35bn to US$55bn or according to Best's Review, something like five times the amount of direct premium written in the affected coastal states of the USA. | |
| See full article | |
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| August 1st 2006 - Assessing the impact - Showhouse | |
| Following a recent decision by the European court regarding environmental impact assessments, developers may now face even greater delay and expense in the planning process. | |
| See full article | |
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| July 28th 2006 - House of Lords gives green light to forum shoppers | |
| The House of Lords has ruled in the case of Harding v Wealands (2006) UKHL 32 that the more favourable measure of damages in English law, rather than that provided by Australian law, applied in circumstances where a road traffic accident occurred in Australia and the culpable defendant was residing in England. | |
| See full article | |
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| July 28th 2006 - Proximity and policy: The Bangladeshi arsenic case | |
| Sutradhar v Natural Environment Research Council ("NERC")[2006] UKHL 33 The House of Lords have rejected the appeal of a Bangladeshi citizen in his group action against the NERC for issuing a geological report which allegedly induced the Bangladesh health authorities not to take steps which would have ensured that his drinking water was arsenic-free. The action was declared to have no reasonable prospect of success. |
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| See full article | |
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| July 13th 2006 - ING Re (UK) Limited and R&V Versicherung AG | |
| Over the years risks placed under a binding authority have given rise to a number of disputes where it is alleged that the agent acted outside of its authority and has not bound their principal. The most recent is that of ING Re (UK) v R&V Versicherung where R&V allegedly wrote a quota share protection of ING. | |
| See full article | |
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| July 1st 2006 - Now is the summer of our discontent - the great debate degins | |
| Paul Howick, partner in the insurance and reinsurance group at Davies Arnold Cooper, discusses the potential Law Reform cover and how is it likely to affect the industry. | |
| See full article | |
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| July 1st 2006 - Are you covered? - Showhouse | |
| Pippa Beesley of Davies Arnold Cooper gives a basic guide to collateral warranties. | |
| See full article | |
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| June 30th 2006 - A whistle-stop tour of TUPE | |
| Changes to TUPE - the Transfer of Undertakings (Protection of Employment) Regulations have been in force since April, and whilst employers are well aware of the new rules, they are as yet untested. | |
| See full article | |
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| June 28th 2006 - The Football League Limited -v- edge ellison | |
| Mr Justice Rimer has shown a red card to the £142million negligence claim against edge ellison arising from the Football League’s collapsed contract with ONdigital. | |
| See full article | |
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| June 23rd 2006 - End of privilege for expert's notes? | |
| Judge Peter Coulson QC suggests a more open approach to evidence in subrogated insurance claims. | |
| See full article | |
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| June 23rd 2006 - First major commonhold project - lessons in application | |
| Landlord and tenant review volume 10, issue 3 May/June 2006 | |
| See full article | |
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| June 21st 2006 - Duty of care: substance not contractual form | |
| Riyad Bank -v- Ahli United Bank (UK) Plc The Court of Appeal has recently provided guidance as to the circumstances in which a duty of care will be found to exist notwithstanding that the commercial relationship between the parties has been structured to avoid a contract between the professional and the recipient of its advice. |
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| See full article | |
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| June 8th 2006 - i.e. June 2006 | |
| The latest edition of i.e., our business magazine with a legal slant, describes how different ways of working and thinking can help organisations out of difficulties. | |
| See full article | |
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| June 6th 2006 - i.e. - Carrots are better than sticks | |
| Rowan Planterose looks at the construction contract to build Heathrow’s terminal 5 and sees a model that The London Olympic Delivery Authority would do well to follow. | |
| See full article | |
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| June 6th 2006 - i.e. - Commonhold is still far from commonplace - but will it remain so? | |
| Chris Baker advises property developers to look closely at the benefits of commonhold title before their potential buyers start demanding it. | |
| See full article | |
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| June 6th 2006 - i.e. - How to keep a lid on your lawyers’ fees | |
| Ross Risby, commercial litigation specialist, gives advice on how to save yourself money when you find you are involved in a dispute. | |
| See full article | |
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| June 6th 2006 - i.e. - In search of a level playing field | |
| Matthew Wescott discusses the benefits of bilateral investment treaties and the ICSID Convention - essential reading for all those thinking of playing the game. | |
| See full article | |
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| June 6th 2006 - i.e. - The challenger | |
| The ability to think laterally and come up with a neat solution is a skill needed by both businessmen and their lawyers, says Danny Gowan. | |
| See full article | |
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| June 6th 2006 - i.e. - Plus ça change | |
| As Mexicans prepare to go to the polls, Dr Evan Ellis looks at the three leftwing candidates for presidency and discusses their different political styles and their chances of victory. | |
| See full article | |
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| June 6th 2006 - i.e. - No Room | |
| Product liability specialist, Alison McAdams, reviews a recent ruling in the US courts in favour of four us blood product companies who are defendants in a huge group action. | |
| See full article | |
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| June 1st 2006 - Product recall: it could happen to you - Showhouse | |
| As a property specialist, you might not think that you could be caught up in the high-profile recall on a dangerous product. Well, think again, says Michael Goldberg. | |
| See full article | |
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| May 31st 2006 - Making undue demands | |
| Landlords who wish to preserve their ability to claim reviewed rent from a former tenant must serve protective notices on the former tenant within six months of each rent day, even if the rent review has not been settled and the new rent is not yet known. | |
| See full article | |
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| May 16th 2006 - The House of Lords review cause and effect in Barker v Corus (UK) Limited | |
| Judgment in the case of Barker v Corus (UK) Limited was handed down by the House of Lords on 3 May 2006. By a majority decision the House clarified the 'Fairchild Exception' and ruled that proportionate damages are payable in mesothelioma claims that fall within the exception. | |
| See full article | |
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| May 15th 2006 - When is a contingent loss not a loss at all? | |
| Hard on the heels of its decision on s.14A Limitation Act 1980 in Haward -v- Fawcetts, in Law Society v Sephton the House of Lords has taken the opportunity to clarify whether a contingent loss constitutes “actual damage” for the purposes of starting the limitation period running in negligence cases under s.2 of the Limitation Act. | |
| See full article | |
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| May 12th 2006 - Learning to accept the risks and enjoy the sport | |
| In an increasingly litigious society, and with a wider number of sports available to the public, insurers need to be aware that cases involving sports injury are inevitably on the increase, says Darren Gray. | |
| See full article | |
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| May 11th 2006 - Court of Appeal decides that child-resistant bottle cap opened by toddler is not defective | |
| Under the Consumer Protection Act (1987), manufacturers are strictly liable for injuries caused by defects in their products. In Tesco Stores Ltd & Anor v Connor Frederick Pollard (a minor) ([2006] EWCA Civ 393) the Court of Appeal has given further consideration to the concept of "defect". Arguably, it further confuses the current understanding of what can amount to a defect. | |
| See full article | |
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| May 11th 2006 - Is it ever too late? Further consideration of Section 14A of the Limitation Act 1980 | |
| On 3 May 2006 in 3M United Kingdom Plc and another v Linklaters & Paines the Court of Appeal rejected an appeal by the Claimants, 3M, and upheld Hart J’s decision on a preliminary issue that proceedings brought against the Claimants’ former solicitors for negligent breach of duty were out of time. This judgment, following closely as it does behind the House of Lords’ decision in Haward v Fawcetts (see our March 2006 Wire), shows the Courts to be taking a significant step towards clarifying the previously contradictory and confusing position on the level of knowledge required by Claimants for the purposes of Section 14A of the Limitation Act 1980. | |
| See full article | |
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| May 10th 2006 - The corporate manslaughter bill | |
| Following a period of consultation the government has said it will proceed with legislation "as soon as Parliamentary time allows". The new legislation will clarify the circumstances under which an organisation can be convicted of corporate manslaughter. While organisations with proper health and safety provisions should have nothing to fear, now is a good time to review existing safety management systems and insurance provisions. | |
| See full article | |
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| May 10th 2006 - Underwriters' access to documentation restored | |
| The House of Lords has refused the broker's final application for permission to appeal the Court of Appeal's judgment in Goshawk-v-Tyser & Co., which restored Underwriters' rights of access to certain placing and claims documentation in cases of reasonable necessity, and the earlier decision will therefore stand intact. This provides certainty for the Lloyd's market going forward which will be welcomed by insurers. It remains to be seen whether non-Lloyd's brokers will argue that they are not so bound. | |
| See full article | |
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| May 1st 2006 - The chain of liability - Showhouse | |
| Many property developers contract out services, such as security or property management, to subcontractors and consultants. Jonathan Brogden offers a cautionary table of liability in such cases. | |
| See full article | |
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| April 1st 2006 - The overage lottery - Showhouse | |
| The vagaries of the planning system coupled with uncertain house price movements mean more and more sellers are turning to overage mechanisms to retain a stake in any future enhanced value. Ashley Dewar of Davies Arnold Cooper looks at some of the issues involved. | |
| See full article | |
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| April 1st 2006 - Not such a clean break | |
| A Court of Appeal decision favourable to landlords now makes it more difficult for tenants to assess compliance with a lease break clause conditional on material compliance with the tenant’s covenants. | |
| See full article | |
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| March 8th 2006 - When can a Claimant take advantage of Section 14A of the Limitation Act 1980? | |
| A review of the Lords' decision in Haward v Fawcetts | |
| See full article | |
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| March 6th 2006 - A better system of land tenure | |
| Commonhold has been shunned up to now. But as Chris Baker explains, a new scheme is hoping to use it to advantage. See attached article from Estates Gazette. | |
| See full article | |
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| March 1st 2006 - Counting the cost - Showhouse | |
| Just over two years after the introduction of stamp duty land tax (SDLT), developers are still being caught out by not making adequate provision for it. Andrew Cooper of Davies Arnold Cooper reports. | |
| See full article | |
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| February 23rd 2006 - Are you liable for your contractors' employees? | |
| Many companies and property owners contract out services, such as security or property management, to independent contractors. It might be thought that by doing so any liability for the actions of the independent contractor's employees will be with the independent contractor and not the company or property owner but, as has been shown in a recent case, this may not be correct. | |
| See full article | |
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| February 20th 2006 - The case of Enterprise Oil Limited and Strand Insurance Company Limited | |
| While Aikens J's comments are strictly speaking obiter dicta in circumstances where his conclusions on liability and quantum meant that the question whether Enterprise was entitled to recover any, or alternatively a proportion, of a settlement figure of US$84.225 million did not arise for decision in the case of Enterprise Oil Limited v. Strand Insurance Company Limited, he took the opportunity to consider the decision of Colman J. in Lumbermens. | |
| See full article | |
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| February 16th 2006 - Solicitors’ negligence – failed litigation | |
| Judgment in the case of Josselyne Cohen -v- Kingsley Napley & Anor was handed down by the Court of Appeal on 10 February 2006. | |
| See full article | |
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| February 15th 2006 - Starter for ten - ECJ clarifies time limits | |
| The European Court of Justice has ruled on when a product is deemed to have been "put into circulation", according to the European Product Liability Directive, 85/374/EEC. Consumers have ten years to commence a product liability claim and this definition determines when that time starts to run. As claims outside this period are not permitted, both manufacturers and consumers needed more certainty on understanding this phrase - the ECJ has now gone some way towards this. | |
| See full article | |
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| February 10th 2006 - Underwriters' access to documentation restored | |
| A review of the Court of Appeal's reversal of the first instance decision in Goshawk Dedicated Limited -v- Tyser Co Limited. | |
| See full article | |
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| February 1st 2006 - No symptoms - no compensation | |
| The long awaited judgment in the pleural plaques test cases of Rothwell, Grieves and Others -v- Chemical and Insulating Company, F T Everard and Sons and Others ([2006] EWCA Civ 27) was handed down by the Court of Appeal on 26th January 2006. By a majority decision asymptomatic pleural plaques are now no longer a compensatable disease. | |
| See full article | |
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| February 1st 2006 - Free & easy - Showhouse | |
| A vacant possession may be music to your ears, but it could be more difficult to acquire then you first thought. Guy Knight looks at the hidden and not-so-hidden clauses that could have you signing a very different tune. | |
| See full article | |
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| January 31st 2006 - A funny thing happened on the way to the forum | |
| In Gullone v Bayer Corp a US Court recently sent English Claimants packing, after dismissing their claims against US blood product manufacturers on the grounds of forum non conveniens. The US Court weighed many factors in considering the transatlantic choice of forum, which will influence where Claimants and Defendants look to conduct product liability actions in the future. | |
| See full article | |
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| January 30th 2006 - Asbestos related developments in 2005 | |
| Asbestos related diseases (ARDs) do not usually develop until long after the harmful exposure has ceased which gives rise to a number of practical difficulties for claimants and defendants. | |
| See full article | |
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| January 30th 2006 - ECJ unscrambles salmonella product liability claim | |
| An ECJ examination of the Product Liability Directive has confirmed the scope of liability affecting producers and suppliers under both European and national laws. | |
| See full article | |
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| January 27th 2006 - Insurance & Reinsurance Top 10 Review 2005 | |
| Davies Arnold Cooper has prepared a review of the top 10 insurance and reinsurance cases decided by the courts in 2005. Click here to receive a copy of the review. | |
| See full article | |
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| January 24th 2006 - Cost of litigation | |
| Jonathan Brogden asks: Are the civil procedure rules delivering? | |
| See full article | |
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| January 9th 2006 - 2005 hurricane losses - new claims, familiar issues | |
| Total estimates for 2005's hurricane losses are in the region of US $100 billion. The implications for the world's insurance and reinsurance markets are immense, whether at primary, reinsurer or retrocession level. | |
| See full article | |
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| January 6th 2006 - Professional Indemnity Top 10 Review 2005 | |
| Davies Arnold Cooper has prepared a review of the top 10 professional indemnity cases decided by the courts in 2005. Click here to receive a copy of the review. | |
| See full article | |
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| January 4th 2006 - AON 77: Bonner -v- Cox | |
| An overview of the recent Court of Appeal decision dealing with a Reinsured "writing against" his reinsurance and the position where non-proportional forms of reinsurance are concerned. | |
| See full article | |
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| January 1st 2006 - Criminal liability - Collective responsibility - Showhouse | |
| The lack of successful manslaughter prosecution in the Hatfield rail crash has led to further calls for directors to be more accountable for their company's failings. Crispin Tomlinson discusses what a corporate manslaughter bill could mean for industry. | |
| See full article | |
