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Legal update for CECA (Southern)’s senior commercial directors and managers Wednesday 28th April 2021 | 14:00-15:30
Update on legal developments of interest to CECA Members, presented by
Tom Pemberton, Clare Gilroy-Scott and Jonathan Cole of Goodman Derrick solicitors.

The session will cover:

Topic 1
Claiming pandemic related losses under business interruption insurance: a review of FCA v Arch Insurance (UK) and others relating to business interruption insurance claims for losses resulting from the COVID-19 pandemic, covering the following:

(a) what business interruption insurance is, and why it is currently such an important topic;
(b) an overview of FCA v Arch Insurance (UK);
(c) an analysis as to how to make a claim and contest a decision;
(d) a review as to what the future might hold for business interruption insurance.

Topic 2
Recent cases concerning potential pitfalls for contractors (and lessons to be learned by CECA Members in how to avoid them), including:

(a) Multiplex Construction Europe Ltd v Bathgate Realisations Civil Engineering Ltd, which highlights the need for contractors to be vigilant in ensuring that their contractual arrangements give them proper recourse;
(b) Energy Works (Hull) Ltd v MW High Tech Projects UK Ltd, where the contractor had assigned its rights against its sub-contractor on termination of its sub-contract with the latter;
(c) JSM Construction Ltd v Western Power Distribution (West Midlands) plc concerning a contract which did not include any provision for a final account; and
(d) Joanne Properties Ltd vs Moneything Capital Ltd and Moneything (Security Trustee) Ltd in which the effect of the words “subject to contract” was considered in negotiation.

Topic 3
Update on legislative developments in effect and/or in the pipeline, including an update on the new IR35 rules which are changing the employment status of many in the construction industry and beyond; the VAT reverse charge; and the consultation on the Green Paper on transforming public procurement (to which CECA have submitted a response).


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