These briefing notes are offered for you to download. They give guidance and information on some of the areas of specialism of Giles Dixon Solicitors.  Click the Download button to access the briefings in PDF format.

If you have any queries or would like to discuss a project, get in touch.

Collateral Warranties & Adjudication

The Court of Appeal has decided that a collateral warranty can be a construction contract, so that the statutory right to refer a dispute to an adjudicator will apply. Abbey Healthcare (Mill Hill) Ltd. v Simply Construct (UK) LLP

Copyright – Architect’s Drawings – Planning Application – Developer

Lennox Estates v. S&W Estates: A developer whose architect copies the drawings of another architect used for a previous planning application is likely to infringe the first architect’s copyright.

Coronavirus, Contracts & Force Majeure

A review of force majeure clauses and the impact of coronavirus on contractual relations.

The Briefing includes:
a summary of Government guidance for Public Sector Contracts and a summary of relevant clauses in some standard forms of construction contract- NEC, JCT, ICC, FIDIC

No Oral Modifications Clauses

The Supreme Court recently had to decide whether an oral agreement to vary a contract was valid, when a clause in the contract stated that any variation must be in writing and signed by the parties before it could take effect.

The Supreme Court’s  decision, in Rock Advertising v MWB Business Exchange Centres, has clarified the law on this issue.

Brexit: Legal Notes on the EU Referendum Result

Following the EU Referendum in the UK, we do not yet know what agreement might be reached with the EU – so it is difficult to be very specific on how business and society will be affected.

However there are some issues that clients may want to consider when reviewing or negotiating their contracts. We also include analysis on the constitutional process for responding to the Referendum.

EU Regulations for Dispute Resolution in Ecommerce

If you sell goods or services online, under new EU Regulations from 15th February 2016, your website must provide a link to the European Commission’s Online Dispute Resolution (ODR) Platform.

Online traders who use Alternative Dispute Resolution (ADR) should also provide information about the ODR Platform in their contractual terms.

On Demand Performance Bonds

This briefing explains how you can reduce the risk of on-demand performance bonds being called for no good reason. As a result of a case decided in 2011, it seems that if the underlying contract contains restrictions on the client’s right to claim payment under the bond, the court may well grant an injunction if the client tries to call the bond in breach of those restrictions.

Anti-Bribery Laws in Germany and the UK

This Briefing paper takes us through the UK and German laws relating to bribery offences and compares the implications of each system.

A Guide to the Modern Slavery Act for Your Business

In this Briefing, Giles Dixon gives guidance to companies on the implications of the Modern Slavery Act 2015.

Changes to the CDM Regulations

The Construction (Design and Management) Regulations 2015 came into effect on 6 April 2015. The main purpose of the regulations has been, and continues to be, improving health and safety on site and reducing risks for those in the construction industry. A stated aim of the HSE is to make the regulations easier to understand, in particular for SMEs. The main changes are set out in this briefing and apply to all construction projects.

Collateral Warranties & Net Contribution Clauses

Contractors and consultants are regularly asked to provide deeds of collateral warranty in favour of end users, either purchasers or tenants on any substantial construction project. Insurers and lawyers advising a consultant or contractor will normally recommend that the document includes a ‘net contribution clause’. This Briefing explains what they are and how they work.