Close
Recent insights
Energy or waste? When a EfW plant contract is not a construction contract
02 Jul 2020
Energy from waste plants have been the subject of their fair share of disputes, one of the most recent being in relation to the development of a gasification plant at the Energy Works Hull facility (Engie Fabricom (UK) Limited v MW High Tech Projects UK Limited [2020] EWHC 1626). The judgment handed down by the Technology and Construction Court (TCC) last week concluded that the primary activity on the site was power generation rather than waste treatment meaning that the contract fell within an exclusion in the Housing Grants Construction and Regeneration Act 1996 (as amended) (Act) and consequently two adjudicator's awards in favour of the sub-contractor, Engie Fabricom, could not be enforced.
Corporate Insolvency and Governance Act 2020: an update
02 Jul 2020
On 26 June 2020, the Corporate Insolvency and Governance Act 2020 (the "CIGA") came into effect. As anticipated in our previous article the CIGA was fast-tracked through Parliament and some amendments were ultimately made prior to it becoming law. While these amendments were not substantive, there are some key changes/clarifications between the first draft and the enacted legislation.
FAQs - Coronavirus Job Retention Scheme
01 Jul 2020
On 20 March 2020 the government announced the launch of its Coronavirus Job Retention Scheme (the Scheme), which is intended to pay employees who would otherwise be redundant or subject to a requirement to remain away from work without pay and are instead designated as "furloughed".
FAQs: mobilising your charity during COVID-19
30 Jun 2020
Charities have been dealing with the impact of COVID-19 and considering how to move forward as we come out of lockdown. We take a look at some frequently asked questions for arts, faith-based charities, schools and universities.
Employers' liability claims for COVID-19 in the workplace: are the floodgates opening?
25 Jun 2020
The coronavirus pandemic is likely to throw up some interesting challenges for employers and their liability insurers. How are the courts likely to approach the novel situation where employees may seek to claim for injuries arising through exposure to COVID-19 in the workplace, and how can employers and their insurers take steps to protect themselves from a tidal wave of claims?
Charities in the wake of COVID-19 - financial challenges and insolvency
24 Jun 2020
The pandemic has strained the fabric of society with its impacts felt across the full spectrum of charities across the sector. Charities are ready to embrace that challenge. Many can see an opportunity to make more difference, to more people, than ever before. But we must not lose sight of the fact that charities are stepping up to the plate against a backdrop of their own difficulties. Fundraising activities have been restricted and volunteers forced to shield.
Court revisits the issue of the extra-territorial effect of section 236 once again
23 Jun 2020
Back in November we reported on the case of Wallace v Wallace [2019] EWHC 2503 (Ch), where the Court grappled with the diverging authorities on the issue of whether section 236 of the Insolvency Act 1986 has extra-territorial effect.
Update: gas safety certificates and the validity of a section 21 notice – Trecarrell House v Rouncefield
19 Jun 2020
The Court of Appeal decision in Trecarrell House v Rouncefield handed down on 18 June 2020 has found that a failure to provide a gas safety certificate before the commencement of the tenancy does not invalidate a s21 Notice so long as the certificate was given to the tenant at any time before the s21 Notice was served.
Transport operators and COVID-19: managing the risk of injury claims
18 Jun 2020
The UK Government has underlined the central role transport operators will have in the reopening of the UK economy as COVID-19 lockdown restrictions are eased by publishing detailed guidance in the form of 'Coronavirus (COVID-19): Safer Transport Guidance for Operators'. But it is clear that the process of returning to normality will be a gradual one. There are also risks for transport operators including potential claims from employees and passengers as a result of injuries allegedly caused by exposure to COVID-19. We examine the guidance and consider what transport operators should do to manage the personal injury liability risks.
