Commercial Insurance
Find out more about DWF's Commercial insurance team
Fitness for Purpose: Light at the end of the tunnel?
In October 2017 we reported on the well-publicised Supreme Court’s decision in MT Højgaard v E.ON ("Højgaard") which held that a fitness for purpose obligation required the contractor to achieve a…
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Steel v NRAM: Supreme Court holds that solicitor did not owe opposing party a duty of care
The Supreme Court has unanimously held that a borrower's solicitor did not owe the lender on the other side of the transaction a duty of care. The decision involved consideration of the principles…
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New Consultation on the Effectiveness of Changes to the Construction Act and the Use of Retentions in the Construction Industry
Andrew Macleod considers two recently launched Government consultations on the effectiveness of changes to the Construction Act and the use of Retentions in the Construction Industry.
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Fitness for Purpose: When €26.25 million hangs by a thread
The Supreme Court has clarified some important principles in contract interpretation and the duties imposed on parties overturning the decision of the Court of Appeal, to hold that a fitness for…
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Ships in the Night – A Cautionary Tale
Laurie Clay and Sheona Wood review the recent Technology and Construction Court decision in Bank of Ireland v Watts Group PLC [2017] EWHC 1667 (TCC) concerning the duty of care owed by a quantity…
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The Next Generation – Key Changes for the NEC4 Future
The new generation of the NEC suite of documents is here. Published on 22 June 2017, and 12 years since the NEC3 suite was launched, Hannah Newman considers the key changes and implications of the…
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A Matter of Record
Drawing on her experiences in recent trials, Joanne Staphnill and Sarah McKay consider the implications for professionals and their insurers of the trend towards greater use of telephony recording…
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Court of Appeal allows RTA claim to proceed against unidentified driver
The Court of Appeal has ruled that the victim of a road traffic accident can bring proceedings against an unidentified driver of an identified vehicle. Nicola Dunk examines the implications arising…
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"Fair and Reasonable" - FOS Discretion
Alexia Drew and Jonathan Hyde review a recent decision in which the High Court has affirmed that whilst the Financial Ombudsman Service is not obliged to follow relevant law when exercising its…
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