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19 April 2018
Insurer on notice of potential indemnity waives compliance with duty of disclosure
A recent decision of the New South Wales Court of Appeal 1 reminds us that (1) contractually assumed exclusions of liability must be carefully considered in the context of the other bases on which the policyholder may have been liable in any event, and (2) disclosure of some relevant but general...
09 March 2018
SPAIN'S NEW PUBLIC PROCUREMENT LAW ENTERS INTO FORCE
Today sees the entry into force of practically all provisions of Law 9/2017, of 8 November 2017, on Public Procurement, which transposes Directives 2014/23/EU and 2014/24/EU of the European Parliament and of the Council, of 26 February 2014, into Spanish law.
16 February 2018
Wrongful acts do not have to be unintentional for cover to apply
The Full Federal Court has confirmed that loss resulting from a policyholder’s deliberate decision to leave a construction site was a “wrongful act” covered by a professional indemnity policy, despite the fact that it was not unintentional.
22 November 2017
Be specific when it comes to project insurance
A recent decision of the New South Wales Supreme Court reminds us of importance of carefully documenting the intended relationships and hierarchy between a project-specific insurance policy and the insurance policies which are held by the various participants in the project. 1
20 November 2017
The 10 main new features of Spain's new public procurement law
Finally, on 9 November, Spain's Official State Journal (Boletín Oficial del Estado, or " BOE ") published Public Procurement Law 9/2017, of 8 November 2017, which transposes into Spanish law the Directives of the European Parliament and Council 2014/23/EU and 2014/24/EU, of 26 February 2014.
02 November 2017
Spain approves a new Spanish public procurement law
On Thursday 19 October, Spanish Congress approved a new Public Procurement Law, although it is still pending publication in Spain's Official State Journal (BOE). This law transposes European public procurement directives into Spanish legislation, in particular Directive 2014/24/EU of the European...
18 October 2017
UK Government consults on proposals to expand national security review of foreign investments beyond current merger control regime
On 17 October 2017 the Department for Business, Energy & Industrial Strategy ( BEIS ) published its long-awaited Green Paper National Security and Infrastructure Investment Review for consultation. The Green Paper contains proposals to extend the UK merger control public interest intervention...
16 October 2017
Australian Government to heighten controls over critical electricity, port and water infrastructure assets
The Security of Critical Infrastructure Bill 2017 (Cth) and its associated draft Security of Critical Infrastructure Rules 2017 (Cth) propose the establishment of a register of ownership interests and key control and operational information for critical infrastructure assets.
09 October 2017
Infrastructure Trends - #5: Awareness of the opportunities presented by unsolicited proposals
In this series of short articles we look at the current trends affecting infrastructure investment in Australia . This article considers trend # 5 – awareness of the opportunities presented by unsolicited proposals.
13 September 2017
Policyholder recovers agreed value of loss despite potential for ‘over-compensation’
The NSW Supreme Court has allowed a policyholder to recover an agreed value of loss, notwithstanding that it may have been ‘over-compensated’ for the loss actually suffered. The Court also ordered interest to be paid on the unpaid claim from the date the insurer declined indemnity. As a...
18 August 2017
Plain sailing for Glencore as court upholds Port of Newcastle declaration
The Full Federal Court has confirmed the decision of the Australian Competition Tribunal to declare services provided by the Port of Newcastle under the National Access Regime (see our previous articles here and here ). This paves the way for the ACCC to arbitrate the prices and other terms of...
13 June 2017
Policyholder recovers costs of ‘voluntary’ remediation works
The NSW Supreme Court has granted coverage to a policyholder for the costs of ‘voluntarily’ remediating accidental damage (contamination) to adjacent land, on the basis that it would have been liable to pay damages that would have been covered by the policy had it not remedied the damage.
08 June 2017
QATAR PROJECTS - WHAT TO DO NOW
Yesterday, we published a client briefing on the immediate steps which you should take if you are affected by this week's decision by Saudi Arabia, the UAE, Bahrain, Egypt, the Maldives and Yemen to cut diplomatic ties with Qatar, and close all land, sea and air communications to the Emirate (click...
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20 December 2022
DEFRA ISSUES ENVIRONMENTAL TARGETS
On 16 December 2022, DEFRA issued its consultation response setting out the final form of the environmental targets required by section 1 of the Environment Act 2021. The targets were due to be adopted on 31st October 2022 but delayed to allow time to deal with a large volume of responses to...
20 December 2022
UK environmental law in 2023 – What to expect
It's now over a year since the Environment Act 2021 received Royal Assent. What progress has been made, and what should we be on the watch for in 2023? Our Real Estate Development Yule Blog takes a look at three areas of interest: mandatory biodiversity net gain ; environmental deadlines ; and the...
20 December 2022
WHISTLEBLOWING: THE GERMAN PARLIAMENT PASSES THE WHISTLEBLOWER PROTECTION ACT
Whistleblowers will be able to draw attention to violations of laws and regulations in companies and public authorities more easily and without fear of reprisals. This is the aim of a draft law by the federal government (20/3442), which the German Parliament passed on 16 December 2022 in a version...