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Snapshot on key 'green claims' developments

Published on 17 Feb 2023. By Ciara Cullen, Partner and Sophie Tuson, Senior Associate

As consumers increasingly demand more sustainable products, businesses are innovating to reduce their environmental impact. This has driven an increase in the use of 'green' marketing claims and, with it, increased scrutiny by consumer regulators seeking to protect consumers from the risk of 'greenwashing'. Significant developments are ongoing in this area, both in the UK and the EU.

Protests on the rise – are you covered?

Published on 30 Jan 2023. By Edward Colville, Partner and Peter Mansfield, Partner and Sally Lord, Knowledge Lawyer

With public focus on political issues running high, the possibility of protests interrupting your business should be on every retailer and consumer brand's risk management agenda.

Lifting the veil on cyber threats for retailers

Published on 12 Jan 2023. By Bethan Griffiths, Senior Associate

Almost all UK businesses (approximately 98%) now operate online in some capacity, benefiting hugely from an increased use of online websites, social media accounts, and online banking

Sky Kick Back! High Court finding of bad faith overturned by Court of Appeal in long-running Sky v Skykick saga

Published on 09 Aug 2021. By Ben Mark, Partner and Sarah Mountain, Partner

On 26 July 2021, the Court of Appeal (CoA) handed down its much-anticipated decision in the latest instalment of the Sky v Skykick trade mark dispute.

Landmark case sees trade mark specifications cut down on grounds of bad faith.

Published on 29 Apr 2020. By Ben Mark, Partner and Sarah Mountain, Partner

Today, the High Court handed down judgment in Sky v SkyKick. The judgment follows the CJEU's 29 January 2020 decision, which answered various questions that the High Court had referred to it, back in June 2018.

COVID-19 prompts changes to working arrangements for the Court of Justice of the European Union

Published on 09 Apr 2020. By Louise Morgan, Senior Associate

Prompted by the COVID-19 pandemic, the CJEU announced, on 19 March 2020, that it will be temporarily changing its working arrangements.

Penalty saved by CAS with a little help from English Courts

Published on 06 Jun 2016. By Joshua Charalambous, Partner

Changing retail landscape leads to decline in employee numbers

Published on 21 Nov 2019. By Kelly Thomson, Partner, ESG strategy lead

The retail sector continues to face change and challenge from every conceivable angle and employment within the sector is following this trend.

Code of Conduct for Leasing of Retail Premises to take effect from 1 February 2024

Published on 11 Dec 2023. By Bonnie Wong, Of Counsel

Following from the passing of the Lease Agreements for Retail Premises Bill which mandates compliance with the Code of Conduct for Leasing of Retail Premises in Singapore ("Code") for qualifying leases of retail premises earlier this year, the Lease Agreements for Retail Premises Act ("Act') is expected to take effect from 1 February 2024.

Could I mitigate my losses by using my premises for other purposes?

Published on 14 Apr 2020.

With the inevitable impact of the coronavirus on retail businesses, many will be looking to mitigate their losses. One obvious way of doing this would be to use their premises, often their single largest overhead, for other uses. But is this possible and what must you consider?

SRA fining powers – putting the SDT out of business?

Published on 29 Aug 2023. By Graham Reid, Partner and Tom Wild, Senior Associate

The SRA is on a mission to increase its powers to levy financial penalties. The last 12 months have seen a substantial increase in its fining powers, and a grant of unlimited fining powers in matters relating to financial crime and SLAPPs is imminent. The SRA has now dramatically upped the ante, seeking the power to levy unlimited fines in all cases of serious misconduct. With the Legal Services Board appearing supportive, the proposal has the potential profoundly to affect the enforcement of professional discipline within the profession.

Enhanced Regulatory Supervision of Asset Managers in Europe – Greenwashing Risks

Published on 12 Jul 2023. By James Wickes, Partner and Nick Cumming, Associate

A common methodology has been developed by ESMA to allow national European regulators to share knowledge and experiences to facilitate convergence in how they supervise sustainability related disclosures.

Costs recovered in the Small Claims Track from an unreasonable Litigant in Person

Published on 24 Jan 2023. By Rhian Howell, Partner & Head of Office, Bristol and Daniel Charity, Associate

Most (if not all) litigators will be familiar with the challenge of being on the other side of a claim brought by a litigant in person ("LiP"). The courts expect practitioners to be sensitive to their opponent's lack of legal expertise and familiarity with court rules, but judges have also been clear that they expect all parties – including LiPs – to follow the rules regardless of their legal representation.

SRA issues Warning Notice on solicitors' involvement in SLAPPs

Published on 20 Dec 2022. By Graham Reid, Partner

SLAPPs (aka 'Strategic Lawsuits Against Public Participation') is a term coined in the USA. They are becoming the object of increasing concern over here too.

Hong Kong – Claim pleading duty of care against auditor struck out for "putting the cart before the horse"

Published on 28 Oct 2022. By Antony Sassi, Managing Partner, Asia and David Smyth, Senior Consultant and Anson Lo, Associate

In Chan Kam Cheung v Ronnie K W Choi & Anor [2022] HKCFI 3028, a judge upheld a master's (judicial officer's) decision to strike out the plaintiff shareholder's action against the former auditors of the company.

Solicitors Entitled to Insurance Cover for Liability for Fees: Royal Sun Alliance Insurance Limited & Others v Tughans (a firm)

Published on 27 Oct 2022. By Nick Bird, Partner and Cheryl Laird, Senior Associate (Scottish Qualified)

In a recent judgment, Foxton J held that a claim for damages against a firm of solicitors for fees which it was contractually entitled to was covered under the firm's professional indemnity insurance. He held that it did not matter if the fees were obtained through the solicitor's fraudulent misrepresentation provided that the solicitor had done what was required under the contract to earn the fees. The decision will not be welcomed by insurers.

Shorter time limit for Third Parties (Rights Against Insurers) Act 2010 claims

Published on 08 Sep 2022. By Robert Morris, Partner

A recent judgment has reduced the limitation period for third parties to make direct claims against insurers under the Third Parties (Rights Against Insurers) Act 2010 when compared to claims under the predecessor 1930 Act. The decision will make it easier for insurers to defend such claims on limitation grounds.

Risky Business: what to do when former clients ask further questions

Published on 22 Aug 2022. By Anna Murley, Senior Associate and Claire Revell, Partner

In Spire Property Development LLP & Anor v Withers LLP [2022] EWCA Civ 970, the Court of Appeal considered the scope of a solicitor's duty when a former client posed questions to a solicitor concerning a transaction after the retainer had ended. The judgment will be of interest to solicitors who are asked for advice in circumstances where no retainer exists.

Double warning for legal professionals: do not cut corners with disclosure

Published on 26 Jul 2022.

Further to a recent decision made by the Bar Tribunals and Adjudication Service, the Bar Standards Board has suspended a "top criminal silk" from practice on grounds of professional misconduct in respect of his failure to disclose material evidence during criminal proceedings in 2007. The decision, and the judgment made by the Court of Appeal in those proceedings, reiterates the importance of the ongoing obligation on legal professionals to give disclosure and comply with their duties to the court.

Post COVID-19 UK: What Will the Professional Negligence Claims Landscape Look Like?

Published on 28 Jun 2022. By Cheryl Laird, Senior Associate (Scottish Qualified) and Will Sefton, Partner and Head of Professional and Financial Risks

The cost of living is at an all-time high, with interest rates increasing and inflation currently sitting at around 9%. The chances of a recession in the UK over the next two years have increased. It will come as no surprise that we expect the number of claims against law firms to rise as the economic downturn takes hold, as was the case in 2008 and recessions before it.

Important Court of Appeal clarity on the operation of s1(4) of the Civil Liability (Contribution) Act 1978

Published on 12 Apr 2022. By Rhian Howell, Partner & Head of Office, Bristol and Sam Kneebone, Senior Associate

A recent Court of Appeal decision (in which RPC acted for the successful barrister Appellant) provides important clarification on the operation of section 1(4) of the Civil Liability (Contribution) Act 1978 (“the Act”). Although the matter concerned a contribution claim by a solicitor against a barrister brought pursuant to the Act, the decision is of wider relevance/application for litigation practitioners and the Insurance market.

The X-Client Files: who owns a solicitor's file

Published on 23 Feb 2022. By Claire Revell, Partner

It's a perennial headache for solicitors: what exactly am I supposed to do when a client asks me for 'their file'?

Good faith does not go both ways

Published on 31 Jan 2022.

It is common knowledge that solicitors owe fiduciary duties to their clients but what about the other way around? Do clients owe a duty of good faith to their solicitors (as an implied term of the retainer)?

FOS proposals to clear the back-log - attractive or not?

Published on 18 Oct 2021. By Cory Gilbert-Haworth, Associate and Rachael Healey, Partner

The Financial Ombudsman Service (FOS) has proposed a temporary approach to the classification of certain complaints in an attempt to alleviate their complaints backlog exacerbated during the COVID-19 pandemic. The approach could see firms looking to pro-actively resolve complaints before a defined cut off date before FOS reaches a decision so that the complaint is recorded separately and not as a "change in outcome" (i.e. where a complaint has been rejected by a business and upheld by FOS). The consultation was open for a short two-week period between 4 and 18 October 2021.

Aggregation under the solicitors' minimum terms: are primary layer insurers ready for potentially limitless liability?

Published on 13 Aug 2021. By Laura Stocks, Partner and George Barratt, Senior Associate

In Baines v Dixon Coles & Gill the Court of Appeal has substantially limited the extent to which claims against solicitors can aggregate.

Weighty issues for diet app developers

Published on 04 Jan 2022. By Dorothy Flower, Partner

2022 is set to be the year of the diet app. The distinction between what is a mere lifestyle app and what should in fact be a regulated medical product or service can be difficult to assess.

Stay on top of Intellectual Property

Published on 20 Apr 2021. By Ciara Cullen, Partner and Ben Mark, Partner and Sarah Mountain, Partner

Whether you’re just starting out or launching a new product, there are a wealth of intellectual property issues to consider in the world of distilling. Here, Ciara Cullen, Ben Mark and Sarah Mountain outline those do’s and don’ts, the changing landscape and how to thrive in 2021 and beyond.

Court considers requirements for a condition precedent to litigation in Local Authority application

Published on 26 Apr 2024. By Zack Gould-Wilson, Senior Associate and Alexandra Anderson, Partner and Cat Zakarias-Welch, Knowledge Lawyer

In Lancashire Schools SPC Phase 2 Ltd v Lendlease Construction (Europe) Ltd [2024] EWHC 37 (TCC) a local authority failed in its application to have the claim against it stayed or struck out on the basis of non-compliance with a contractual dispute resolution mechanism.

RICS PII Minimum Terms consultation – last chance to have your say

Published on 20 Dec 2023. By Alexandra Anderson, Partner and Catherine Zakarias-Welch, Knowledge Lawyer

RICS requires all regulated firms in the UK and Ireland to hold "adequate and appropriate" indemnity insurance which meets RICS' Minimum Policy Wording.

First out the traps: Dissecting the first remediation order under the Building Safety Act

Published on 04 Oct 2023. By Arash Rajai, Partner and Joshua Green, Associate

Our non-contentious construction team have recently contributed an article to Practical Law considering the first remediation order made by the First-tier Tribunal under section 123 of the Building Safety Act 2022 in Waite and others v Kedai Ltd (2023) LON/00AY/HYI/2022/0005 & 0016.

The proposed new RICS Residential Retrofit Standard

Published on 10 Aug 2023. By Alexandra Anderson, Partner and Aimee Talbot, Knowledge Lawyer

We explain the proposed RICS Residential Retrofit Standard and offer practical tips for complying with the new Standard when it comes into force.

CoA paves the way for the responsible developer

Published on 26 Jul 2023. By Katharine Cusack, Partner and Alexandra Anderson, Partner and Sally Lord, Knowledge Lawyer

Our team explore a recent judgment that touches on crucial factors for developers and construction professionals when dealing with remedying defects in buildings.

RICS disciplinary process: guidance for surveyors on sanctions (4 of 4)

Published on 27 Jun 2023. By Ben Goodier, Partner and Sarah O'Callaghan, Senior Associate and Emma Wherry, Senior Associate and Laura Sponti, Associate

This fourth article considers the sanctions the RICS can impose and the next steps for surveyors following a disciplinary decision.

BSA: new guidance for principal accountable persons to assist in registration with BSR

Published on 09 Jun 2023. By Alexandra Anderson, Partner and Katharine Cusack, Partner

Our team explain the Health & Safety Executive's new guidance for Principal Accountable Persons detailing what key building information they need to provide when registering a high-rise residential building with the Building Safety Regulator, and what PAPs should be doing now in preparation for registration, which closes on 30 September 2023.

The fit-out problem

Published on 24 May 2023. By Arash Rajai, Partner and Jon Ely, Partner

An article considering the insurance strategy of fit-out works, which looks at co-insurance following the Court of Appeal's judgment in FM Conway Ltd v The Rugby Football Union and others [2023] EWCA Civ 418, the approach under JCT contracts, public liability insurance and the tenant's liability.

Responsible Actors Scheme forecast for Summer 2023

Published on 11 May 2023. By Katharine Cusack, Partner and Olivia Bradfield, Associate

The Government has recently published secondary legislation setting out its intention to implement its Responsible Actors Scheme (RAS) with further guidance to come by this Summer.

BSA: Higher-Risk Buildings Regulations now in force - Property Managers Take Note

Published on 14 Apr 2023. By Katharine Cusack, Partner

The Government has been working on safety measures for high rise buildings following the Grenfell Tragedy to provide comfort to residents in order for them to feel safe in their homes.

To be or Knot to be, a nuisance?

Published on 02 Mar 2023. By Alexandra Anderson, Partner and Katharine Cusack, Partner

One year on , has the recent decision of Davies v Bridgend County Council (BCC) helped or hindered that goal?

St James’s Oncology v Lendlease: the value of project-specific amendments to JCT contracts

Published on 12 Jan 2023. By Arash Rajai, Partner and Claire Wilmann, Senior Associate

The recent judgment of the TCC in St James’s Oncology SPC Ltd (Project Co) v Lendlease Construction (Europe) Ltd and another provides a fascinating commentary on the importance of drafting a building contract that is tailored to deliver the needs of the employer and the end-user.

Building Safety Levy – Government Undertaking Second Consultation

Published on 28 Nov 2022. By Alexandra Anderson, Partner and Katharine Cusack, Partner and Sally Lord, Knowledge Lawyer

The Government has just announced it is commencing another consultation on building safety, this time by way of second consultation on the Building Safety Levy ("the Levy").

Two-stage procurement: some key considerations for PCSAs

Published on 02 Nov 2022. By Arash Rajai, Partner and Claire Wilmann, Senior Associate

In our previous blog post, we introduced two-stage procurement and two key options for documenting it (a pre-construction services agreement (PCSA) followed by a separate main works contract and a Combined PCSA/Main Contract) noting that the differences were generally presentational or mechanical. For the purposes of this post, we will refer only to the PCSA and main contract option, but please note that the same principles apply to the Combined PCSA/Main Contract.

Cladding and Valuation: Important RICS guidance under consultation until 31 October 2022 – have your say!

Published on 20 Oct 2022. By Alexandra Anderson, Partner and Katharine Cusack, Partner

The consultation is part of RICS' plan to introduce a new professional standard for valuing properties in multi-storey, multi-occupancy residential buildings with cladding. This will take the form of an RICS-approved technical guidance note, with the objective of supporting an effective homebuying market.

Two-stage procurement

Published on 26 Sep 2022. By Arash Rajai, Partner and Claire Wilmann, Senior Associate

In a recent survey undertaken as part of the RIBA Construction Contracts and Law Report 2022, it was reported that over a third (37%) of respondents had used two-stage procurement over the last 12 months. We are similarly seeing two-stage procurement being used more and more in the construction industry, particularly for major building projects. In fact, the majority of recent development projects we have advised on in the UK were procured on a two-stage basis.

Is an Alternative Dispute Resolution (ADR) clause a condition precedent? And even if it is, is it always enforceable?

Published on 08 Sep 2022. By Katharine Cusack, Partner and Ellen Ryan, Senior Associate

The Case of Children's Ark Partnerships Ltd v Kajima Construction (Europe) UK Ltd and another [2022] EWHC 1595 (TCC) considers ADR clauses in more detail and highlights the importance of ensuring there is sufficient detail regarding the ADR process within the contract, failing which may result in serious consequences including challenges to the court's jurisdiction and a stay of proceedings.

EWS1 update

Published on 11 Apr 2022. By Alexandra Anderson, Partner and Lewis Manning, Associate

A joint statement made by The Royal Institution of Chartered Surveyors ('RICS') and six major lenders has clarified the position of the lender and valuation industries with regard to fire safety remedial works and mortgage lending.

RICS revised Rules of Conduct – coming soon

Published on 17 Jan 2022. By Alexandra Anderson, Partner and Katharine Cusack, Partner and Emrys Moore, Associate

The RICS's new Rules of Conduct are due to come into force on 2 February 2022. The rules combine the previously separate codes for individuals and firms in force since 2007 with the Global Professional and Ethical Principles from 2009, with the intention of providing a single, concise summary of all relevant principles, in order to allow RICS member firms and clients to understand what good professional practice looks like.

Does it matter if "the price is right"?

Published on 16 Dec 2021. By Alexandra Anderson, Partner and Katharine Cusack, Partner

The recent case of Serene Construction Ltd v Salata and Associates Ltd has offered further insight on the Courts' approach to claims against bank-appointed receivers where they are instructed to market and sell land.

The Week That Was - 5 November 2021

Published on 05 Nov 2021. By Ben Goodier, Partner and Sarah O'Callaghan, Senior Associate

Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

The Week That Was - 29 October 2021

Published on 29 Oct 2021. By Ben Goodier, Partner and Sarah O'Callaghan, Senior Associate

Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

The Week That Was - 22 October 2021

Published on 22 Oct 2021. By Ben Goodier, Partner and Sarah O'Callaghan, Senior Associate

Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.