Ashfords' In-house Bulletin: July 2024

In this edition, we bring you updates on the landmark Supreme Court’s decision on collateral warranties, how the Court of Appeal interprets the use of adjectives preceding a list, the EAT’s judgment on whether volunteers can be workers, and our take on the recent IT incident caused by a CrowdStrike update that paralysed the world.

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To adjudicate or not to adjudicate? Supreme Court says ‘no’ for collateral warranty beneficiaries

In a landmark decision, the Supreme Court has held that, generally, collateral warranties will not be ‘construction contracts’ for the purposes of the Construction Act, with the effect that there will be no statutory right to adjudicate. Partner, Laura Reeve, looks at the case in detail and considers the implications for future beneficiaries of warranties.

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Building Construction And Safety

Contractual drafting and interpretation: should a preceding adjective be read as qualifying all the elements in a list?

The Court of Appeal has recently given judgment in a case concerning the construction of a list of terms in a contract. This article reviews the case and suggests some drafting points that may be worth bearing in mind.

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Man Signing Document

Groom v Maritime and Coastguard Agency judgment: will volunteer’s rights be affected?

On 9 May 2024, the Employment Appeal Tribunal handed down its judgment in the Groom v Maritime case. The case has provided some guidance on whether volunteers can be workers.  

This article provides detail on the case and the outcome, highlighting whether volunteer’s rights will be impacted as a result of this decision.

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Lifeboat Ring In Water

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Protect your business when disaster strikes - drawing lessons from CrowdStrike

As has been widely reported, a routine software update deployed by CrowdStrike recently caused an incident considered by many to be the largest IT outage in history. The update reportedly affected 8.5 million Microsoft Windows devices globally, causing operational disruption to businesses across a wide range of industries.

In this article we consider some of the actions that can be taken, both before and after an IT incident, to mitigate the risks to your business.

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Digital Security And Privacy Concept

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