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articles : restructuring and insolvency

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Authority Alert: A New Approach to Local Growth - 29/10/10

The much-heralded White Paper on local growth has at last arrived. As most of its proposals have been drip-fed into the media over the past few months, it holds few surprises but it does provide some information on how the plans are to be put in place. Many questions, though, remain unanswered.

Commercial Dispute Resolution Update - 09/09/10

This update is relevant to anyone interested in recent developments in the dispute resolution field.

The Third Parties (Rights against Insurers) Act 2010 - 06/05/10

The Third Parties (Rights Against Insurers) Act 2010 ("the Act") has received Royal Assent. The Act makes changes to the Third Parties (Rights Against Insurers) Act 1930 ("the 1930 Act").  A commencement date has yet to be fixed.  In this article we summarise the 1930 Act and the changes made to it.  The changes are designed for the most part to make it easier for a third party to claim directly against the liability insurers of an insolvent insured.

Commercial Dispute Resolution Update - 29/04/10

This update is relevant to anyone interested in recent developments in the dispute resolution field.

Construction and Engineering Legal Update - 06/04/10

In this month's digest we highlight  the following developments of interest:

  • Contract formation: Letters of intent, "subject to contract" and waiver by conduct 
  • Drafting "pay when paid" clauses which are effective upon upstream insolvency
  • Drafting exclusion clauses to exclude liability for statutory interest
  • Settling construction disputes - some points to consider
  • The Equality Bill: Impact on the construction sector
  • HSE crackdown on dangerous construction sites
  • New HSE Guidance: "Provision of welfare facilities during construction work"

Contract formation: Letters of intent, "subject to contract" and waiver by conduct - 06/04/10

The Supreme Court on appeal from the Court of Appeal, has given an important judgment in RTS Flexible Systems Limited v Molkerei Alois Müller Gmbh & Company KG (UK Production) ("RTS").  This will be of relevance to parties who continue works after the expiry of a letter of intent but before a formal written contract is finalised, and to those who intend to rely on "subject to contract" and "counterparts" clauses in contracts.

In this article we summarise the facts and issues in the case, and provide some learning points to consider when dealing with these areas in the future.

Drafting "pay when paid" clauses which are effective upon upstream insolvency - 06/04/10

The Court of Appeal has handed down a judgment, agreeing with a decision in the Technology and Construction Court, which serves as a reminder that, to be effective, exclusion clauses need to be carefully and very clearly drafted, and that contracts should be reviewed following changes in legislation.

Settling construction disputes - some points to consider - 06/04/10

There are many factors to address when settling any dispute, including the parties to be bound, dealing with any formal proceedings, payment provisions, the scope of the settlement, costs and interest. In this note we highlight some particular points to consider when settling construction disputes.

Construction and Engineering Legal Update March 2010 - 05/03/10

In this month's digest we highlight  recent developments of interest, including commercial issues (in particular an article on the relevance of the "BSKYB" judgment for the construction and engineering sector) and some recent case law.

Commercial Dispute Resolution Update - 08/02/10

This update is relevant to anyone interested in recent developments in the dispute resolution field.
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[Bevan Brittan is] switched on, and acts for an impressive roster of clients.
Legal 500 2012

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