We Are Industry Leaders

Practices
Sectors
Location
Type
People

Practices
Sectors
Location
Type
People

40 Results

James Clarke
Insights
Jun 26, 2025

The role of policy and what it means for the conduct of claims for building safety disputes

In this Insight, first published in PLC, BCLP Partners Jennifer Varley and James Clarke consider the Supreme Court decision in URS Corp Ltd v BDW Trading Ltd [2025] UKSC 21, which has significant…
Insights
Feb 14, 2025

Adjudication and insolvency: interface of two statutory regimes affecting the construction industry

Adjudication has become a key tool in the construction industry, helping employers and contractors resolve disputes quickly and keep cash flowing on projects. But when insolvency enters the picture,…
Insights
Aug 07, 2024

Abbey Healthcare – A prompt for considering contractual adjudication in collateral warranties?

An article considering the Supreme Court’s decision in Abbey Healthcare, which decided that a typically worded collateral warranty is not a construction contract for the purposes of the Housing…
Insights
Jul 22, 2024

RTI Ltd v MUR Shipping BV: certainty v commerciality

In this Insight, first published in PLC, James Clarke, Richard Shaw and Anna Blest consider the Supreme Court's decision in RTI Ltd v MUR Shipping BV [2024] UKSC 18, which confirmed that a party's…
Insights
Jun 10, 2024

JCT 2024 Editions: key changes in the JCT's new suite of contracts

An article, first published in PLC which analyses the key changes introduced by the JCT in its Design and Build Contract, 2024 Edition, the first of the JCT's 2024 contract families to be published.
Insights
Nov 15, 2023

Case flags risk of unclear ADR procedure

While main contract suites offer standard dispute resolution clauses, these are often amended in practice. A recent case gives a warning of what happens when such bespoke provisions are not clear.
Insights
Sep 11, 2023

RAAC – What it is and what it means

As schools prepared to reopen this September after the summer break, hundreds were informed that, due to the use of Reinforced Autoclaved Aerated Concrete (RAAC) in their buildings (and its current…
Insights
Aug 10, 2023

Can liquidated damages clauses set general cap?

A pair of cases in the past two years have come to opposite conclusions about whether general damages can be capped by contract provisions for liquidated damages.
Insights
Jul 05, 2023

Time Limits for Arbitral Awards: A Case Summary

In Alphamix Ltd v The District Council of Riviére Du Rampart (Mauritius) [2023] UKPC 20, an appeal from the Supreme Court of Mauritius, the UK Privy Council has allowed the appeal and upheld the…
Insights
May 17, 2023

The co-insurance defence: court of appeal confirms that underlying contract defines nature, scope and extent of co-insurance under project policy

The Court of Appeal has dismissed an appeal by FM Conway Ltd (“Conway”) against the judgment of Eyre J in the Technology & Construction Court about the nature, scope and effect of co-insurance in the…
Insights
Feb 22, 2023

Renewable Energy Case Update

This material is not comprehensive, is for informational purposes only, and is not legal advice. Your use or receipt of this material does not create an attorney-client relationship between us. If you require legal advice, you should consult an attorney regarding your particular circumstances. The choice of a lawyer is an important decision and should not be based solely upon advertisements. This material may be “Attorney Advertising” under the ethics and professional rules of certain jurisdictions. For advertising purposes, St. Louis, Missouri, is designated BCLP’s principal office and Kathrine Dixon (kathrine.dixon@bclplaw.com) as the responsible attorney.