Can an employer be liable for an employees’ data protection breach? Guidance from the UK Supreme Court

Can an employer be held to be vicariously liable for unauthorised breaches of the Data Protection Act 1998 (the “DPA 1998”) committed by an employee? The UK Supreme Court sets the record straight in a case where Wm Morrison Supermarkets […]

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COVID-19 and Future Construction Contracts – How Can You Minimise the Risk?

Whilst no one yet knows the full extent of the potential implications of COVID-19 on the construction industry, it is now inevitable that almost all construction companies are going to be affected in some way. Contractors are likely to be […]

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Further Statement from Hawkswell Kilvington – COVID-19:

These are unprecedented times and we have to do all that we can to ensure that all of our team remain safe and well. In light of the measures announced by the government on 23 March 2020, from 24 March […]

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COVID-19 or “Coronavirus” – Force Majeure, Frustration and Cash-Flow Considerations

Earlier this month we published a bulletin considering the potential implications of COVID-19 on construction companies and how to mitigate them. Since then, the Government has advised widespread social distancing and self-isolation; including the recommendation that entire households should self-isolate […]

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Hybrid Construction Contracts: Guidance from the Court of Appeal

In the recent case of C Spencer Limited v MW High Tech Projects UK Limited, the Court of Appeal considered whether, in the case of a hybrid contract (one which provides for both “construction operations” and “non-construction operations” within the […]

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Fire Safety Reforms 2020 – Criminal Sanctions and Name and Shame

New fire safety reforms unveiled on 20 January 2020 are a clear indication of where the Government’s focus remains going into the new decade. The Housing Secretary has promised “the biggest change in building safety for a generation” and warned […]

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COVID-19 or “Coronavirus” – The Likely Effects on your Company and How Best to Mitigate them

The impact of the COVID-19, or Coronavirus, outbreak has been felt by businesses at every corner of the globe and the UK construction industry is far from immune. With the recent announcement from Public Health England that widespread transmission of […]

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Indemnity Costs Orders – Guidance from the Court of Appeal

In the case of Lejonvarn v Burgess & Anr the Court of Appeal considered whether a claimant’s conduct during litigation, including its “haphazard and spray gun” case, justified an award for indemnity costs to the defendant. Background The defendant, an […]

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What Amounts to ‘Reasonable Endeavours’?

In contrast to a ‘best endeavours’ obligation, a contractual obligation to use ‘reasonable endeavours’ will generally only require a party to take one of a number of reasonable courses of action in order to discharge the obligation. In addition, a […]

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Will the TCC Interfere in Ongoing Adjudications?

In the case of Billingford Holdings Ltd & BFL Trade Ltd v SMC Building Solutions Ltd and another [2019], the court rejected an urgent application for injunctive relief attempting to prevent an adjudicator and the other party to an adjudication […]

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