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Case review 07-08-2020
Between 2010 and 2014, two unregulated pension introducers, Avacade Limited (in liquidation) and Alexandra Associates (UK) Limited (AA) trading as Avacade Future Solutions, were contacting retail customers, providing free pension reports and promoting SIPPs which resulted in retail customers transferring existing pension funds into SIPPs and then into alternative high-risk investments, such as tree plantations and Brazilian property developments.
The last few months have seen a run of cases relevant to solicitors liability issues which we digest in this article.
Last week, the Grenfell Tower Inquiry heard evidence from Exova, Studio E and Rydon the fire engineer, architect and main contractor on the Grenfell Tower project respectively.
This update includes a round-up of recent court decisions dealing with design obligations in supply contracts and a number of issues relevant to adjudication, including: insolvency, Part 8 declarations, the correction principle and the interplay between “true value” and “smash and grab”.
Case review 08-07-2020
On 17 June 2020, the Supreme Court handed down judgment in the case of Bresco Electrical Services Limited v Michael J Lonsdale (Electrical) Limited reversing the Court of Appeal’s decision and holding that the two regimes of insolvency and adjudication are compatible.
Our latest thinking into the insurance impacts arising from the ongoing crisis is offered against England entering Phase 3 of its recovery plan, with large parts of the economy opening for socially distanced service for the first time since early March.
Case review 26-06-2020
Pre-action disclosure can no longer be used as a ‘fishing expedition’ to further advance a claimant’s case
This decision, which labels pre-action disclosure as not “the norm” should leave claimants thinking twice about making an application for pre-action disclosure where their case can already be made with the documents available.
The Government announced that its contribution to wage costs during furlough is reducing with effect from 1 August 2020 and, with effect from 1 July 2020, employers will have the option to be more flexible in its approach to furlough.
As has become something of a habit, the Chancellor of the Exchequer, Rishi Sunak, chose Friday evening (29 May 2020) to announce further changes to the Coronavirus Job Retention Scheme.