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Article 25/02/2022
A timely lesson: limitation defences for design professionals
The Grenfell disaster took place on 14 June 2017 and consequently has led to a significant amount of litigation between developers, contractors and professionals. Following the recent government intervention, and proposed amendments to the Defective Premises Act, we expect cladding claims to be pursued more determinedly by developers in the coming year.
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News 01/09/2020
Kennedys promotes 36 associates to senior associate
We’re delighted to announce the promotion of 36 associates to senior associate, up from 22 last year. The senior associates are drawn from insurance and liability, healthcare, and commercial, including specialists in fraud, commercial litigation, real estate, aviation and regulatory law. 28 of those promoted are based in the UK, four in Australia, two in Denmark, one in the Middle East and one in our Lat Am and Caribbean practice in Miami.
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Article 26/11/2019
The end of the age of the deference: the right to complain
Figures from The Royal Institute of British Architects (RIBA) suggest a growing trend towards disciplinary complaints. We previously considered why this trend exists. Here, we take a look at what steps to take when responding to a complaint.
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Case review 18/09/2019
Approved Inspectors: risks, liabilities and the future
For many years, the courts of England and Wales have not had a chance to consider the role and responsibilities of Approved Inspectors.
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Article 01/07/2019
Cladding defences - Kennedys and 4 New Square continue to lead the way
Kennedys’ Christopher Butler and Lee Cooper, together with Paul Cowan and Simon Hale of 4 New Square, have recently successfully represented a party in the defence of ‘post-Grenfell’ cladding claims relating to the exterior cladding of high rise buildings, and the compliance (or otherwise) of those cladding systems (panel and insulation) with the relevant building regulations in force at that time.
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Case review 13/05/2019
Court of Appeal judgment on the need for a “causal link” between notification and later claim
On 13 May 2019 the Court of Appeal handed down judgment in the above case. The outcome of the case, in which Kennedys was instructed on behalf of the successful defendant insurers, will be welcomed by the insurance industry as it will help to provide certainty in respect of the construction and effect of notifications to professional indemnity policies.
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Case review 26/04/2017
When duty calls: Costain provides further guidance on good faith
Costain Limited v Tarmac Holding Limited [28.02.17]
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Article 19/01/2017
Global claims: a brave new world?
This article addresses the 2nd edition of the Society of Construction Law’s Delay and Disruption Protocol, and the developments in case law concerning ‘global claims’.
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Case review 05/12/2016
Proportionate costs awards: all is not lost
The Technology and Construction Court gives a helpful reminder regarding the value of proportionate costs awards.