17.05.19
Construction update
In the case of Hitachi Zosen Inova AG v John Sisk & Son Ltd [2019] the Technology & Construction Court held that, even though an earlier adjudication had concluded that a variation was valid and valued at £nil for want of substantiation, the referral of a dispute to a second adjudication as to the proper valuation of that variation was not the same or substantially the same dispute.
The facts
Hitachi engaged Sisk to provide design and construction services in connection with a power station in Yorkshire. In terms of Clause 30 of the contract Sisk was entitled to claim...
13.05.19
Insurance & Risk update
Ex turpi causa means you can’t benefit from your own unlawful act - but what if you claim you only committed an offence, or were sanctioned by a regulator, because you relied upon professional advice?
In the recent Scottish case of Khan v Hussain [2019] CSOH 11, the Court of Session (Scotland’s highest civil court), considered the principle of ex turpi causa.
Background
In around 2007, Mr Khan was approved by the Financial Services Agency (“the FSA”) to carry out regulated mortgage and general insurance activities. Mr Hussain was engaged to provide professional advice to Mr Khan in...
10.05.19
Insurance & Risk update
The recent and unusual English case of Brayshaw v Partners of Apsley Surgery [2018] EWHC 3286 (QB) suggests that there may be some limits to the current trend of extending the scope of vicarious liability for personal injury claims.
1. Introduction
A claim for damages was made against a locum GP and the medical practice (“the Practice”) at which he practised. It was alleged that the claimant suffered psychiatric injury because of the GP’s actions. Although the GP was found liable for the injury; the claim against the Practice was dismissed, on the basis that the Practice was not...
09.05.19
Construction & Engineering update
There is no precise legal definition of ‘Practical Completion’ and it is often undefined in construction contracts, yet its consequences are significant.
Our Disputes Team has considered a recent decision of the English Court of Appeal which has provided helpful guidance on when building works can be regarded as practically complete and we take a look below at some of the main consequences which are triggered by Practical Completion and share some tips when it comes to preparing a ‘Practical Completion Checklist’.
Practical Completion – what are the implications?
When Practical...
