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SuDs – the long wait for implementation is over
After a delay of 13 years, mandatory sustainable drainage systems (SuDs) in new developments will be implemented via Schedule 3 of the Flood and Water Management Act 2010 (Schedule 3) in 2024.
Arbitration trumps: Bermuda court confirms pro-arbitration approach
If litigation proceedings are commenced in breach of a valid and enforceable agreement to arbitrate, how soon in the proceedings does a defendant need to seek a stay of the litigation?
The Supreme Court of Bermuda recently considered this question in Shelly Hall Properties v Warren  SC (Bda) 101.
The future of construction adjudication
More than 25 years after the introduction of mandatory construction adjudication, we consider its future in light of a recent report by King’s College London.
Insurance forecast 2023: claims trends and future risks
Drawing on our experience across various risks, this 2023 insurance forecast report highlights some of the key trends that we anticipate will shape the insurance agenda for 2023 and beyond.
Construction and building claims in Australia and beyond - a year in review
The legislative regime for construction and building legislation in New South Wales is currently undergoing a major overhaul with the proposed introduction of three new Bills designed to improve the regulatory framework and create end-to-end accountability for those who participate in the building and construction industry. In this article, we look at the proposed changes in conjunction with the key trends and issues in construction and building claims emerging across the Australian States and overseas.
Personal Injury Brief: latest decisions December 2022
A roundup of recent court decisions raising issues relating to limitation defences in Scotland, the role of experts, the application of the Civil Liability (Contribution) Act 1978, and contracting out of fixed costs.
Levelling Up and Regeneration Bill: briefing note
The Levelling up and Regeneration Bill aims to reverse geographical disparities between different parts of the UK by spreading opportunity more equally.
Not in this town: The days of the “hired gun” are over
The Irish Court of Appeal has voiced strong criticism of the “hired gun” expert who takes on the role of advocate, and has signalled much tighter control and greater enforcement of the rules relating to expert evidence (Duffy v McGee Insulation Services). The Court also warned that lawyers who call experts who do not comply with their duties to the Court may face adverse consequences in respect of legal costs.
Further changes ahead for the construction industry in NSW
In 2020, the NSW Government implemented significant reforms focused on creating clear lines of accountability for defective building work. The reforms include the introduction of a statutory duty of care owed by ‘persons’ who carry out ‘construction work’ to take reasonable care to avoid economic loss caused by defects (Statutory Duty).
South Australian Court of Appeal delivers much-needed clarity on the issue of apportionment in commercial arbitration proceedings
In an arbitration matter Kennedys is involved in, the South Australian Court of Appeal has delivered much-needed clarity on the issue of apportionment in commercial arbitration proceedings as they relate to South Australia. In this article we provide an overview of the decision and its implications for clients, particularly when drafting arbitration clauses.