Latest News

Our London office has moved to.. - 15/05/2013

11-13 Dowgate Hill, London EC4R 2ST, as of 14 May 2013.

Our telephone number and fax numbers remain the same.

We are moving offices... - 13/05/2013

On Tuesday 14 May 2013 our London office will be moving to 11-13 Dowgate Hill, London EC4R 2ST.

Our telephone and fax numbers will remain the same.

Concurrent Delays - Fact or Fiction? - 08/04/2013

This article by Richard Silver looks at concurrent delays in building and engineering projects and the approach is identified in Keating on Building Contracts to the issue of causation in circumstances where the parties each allege that the other is responsible for the delay to completion.

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Commercial Agreements inclusive of VAT? - 11/02/2013

This article by Nikola Evans focuses on how important it is to be clear about whether VAT is included in or to be added to a price quoted in an agreement.

To read the full article click 'More on this Article' below.

For further information or advice on Contract related issues please contact us on 0845 345 1244 or by email at office@shemmingsllp.co.uk

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RICS International Dispute Board - 03/01/2013

Congratulations to Robert Shawyer who is now a registered RICS International Dispute Board panel member.

Robert Shawyer is a Partner specilising in Construction Law, Commercial Law, Equine Law and Land law disputes including, vetting and drafting contracts, collateral warranty and administration systems, providing legal advice, acting as expert in Quantity Surveying matters, including procedural, management of representations in litigation and for the Referring or Responding party in Adjudication, management of representations for the Claimant or Defendant in Arbitration, Mediation, Expert Determination, etc.

Robert can be contacted at our Cardiff office on 02920 464 612 or by email at rjs@shemmingsllp.co.uk

Silver Shemmings welcome new Consultant, Michael P. Gerard - 09/11/2012

We are pleased to announce that as from 1 November 2012, Michael P. Gerard joined the London office as a Consultant. Michael is a non-practising Barrister, Chartered Builder and registered Adjudicator. He is also a regional co-ordinator for the Society of Construction Law and sits on the Royal Institution of British Architects Professional Conduct Panel.

Michael can be contacted at our London office on 0845 345 1244 or by email at mg@shemmingsllp.co.uk

Our London office has moved to.. - 05/11/2012

Winchester House, 259-269 Old Marylebone Road, London NW1 5RA, as of 1 November 2012.

Our telephone and fax numbers remain the same.

We are moving offices... - 25/10/2012

On Thursday 1 November 2012 our London office will be moving across the City of Westminster to Winchester House, 259-269 Old Marylebone Road, London NW1 5RA.

Our telephone and fax numbers will remain the same.

*Fixed Fee* Retention Recovery Adjudications - 08/10/2012

A major weakness in the construction industry is recovery of retention. Subcontractors especially find it hard to obtain payment because they are not kept in the loop as to when practical completion, the trigger for recovery of retention, took place.

At Silver Shemmings we recognise this problem and we are pleased to offer a fixed adjudication fee to recover outstanding retentions.

For more details and information please contact either Robert Shawyer or Richard Silver on 0845 345 1244

Health & Safety Update - 02/10/2012

On 1 October 2012 the HSE introduced its new costs recovery scheme. This means that the HSE can charge those who break Health & Safety laws for the HSE''s costs of intervention. These costs can include the fees for inspection, investigation and taking enforcement action.

The message from the HSE is that if businesses breach the Health & Safety Regulations then they have to pay the HSE''s costs of intervention. According to the HSE''s press release, they are of the view that "it is right that those who fail to meet the legal obligations should pay HSE''s costs rather than the public purse having to do so".

If you would like to discuss any Health & Safety issues or for more information please contact Sarah Shemmings at our London office on 0845 345 1244 or by email at sas@shemmingsllp.co.uk

Article: E-Disclosure and what it means? - 20/09/2012

An article by Sarah Shemmings on electronic disclosure in litigation cases is now available to view on our publications section. See 'More on this Article' below.

For further information or advice on civil litigation and any related issues, please contact Sarah Shemmings at our London office on 0845 345 1244 or by email at sas@shemmingsllp.co.uk

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18/09/12 - Robert Shawyer lectures for the RIBA (London) - 12/09/2012

On Tuesday 18 September 2012 Robert Shawyer of Silver Shemmings LLP will lecture for the RIBA at their offices in Portland Place, London. The subject matter is Contract Formation, EU Procurement Law and the LDEDCA 2009 changes to the HGCRA 1996.

The audience is already expected in excess of 100 attendees. Please contact the RIBA on 0207 307 3681 for further information.

Robert Shawyer is a Partner based at our Cardiff office. Robert can be contacted on 02920 474 570 or by email at rjs@shemmingsllp.co.uk

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Global Claims Seminar - 11/09/12 (Cardiff) - 07/09/2012

Robert Shawyer of Silver Shemmings LLP has been invited to present a seminar on global claims and given recent case law updates, for the Glamorgan Construction Training Group, Hanover Street, Cardiff. The seminar will take place on Tuesday 11 September 2012. For more information please contact the Glamorgan Construction Training Group on 01656 655 226.

We also wish our congratulations to Robert Shawyer who successfully passed the RICS Dispute Review Board paper.

Robert Shawyer is a Partner based at our Cardiff office. Robert can be contacted on 02920 474 570 or by email at rjs@shemmingsllp.co.uk

Health & Safety Article: Corporate Manslaughter - 17/08/2012

An article by Sarah Shemmings on prosecutions since the commencement of the Corporate Manslaughter & Corporate Homicide Act 2007 is now available to view on our publications section under ''''Articles''''.

For further information or advice on Health & Safety related issues please contact Sarah Shemmings at our London office on 0845 345 1244 or by email at sas@shemmingsllp.co.uk

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Health & Safety Update - 10/08/2012

Sarah Shemmings has provided a brief Health & Safety update which is now available to view on our publications section under ''Articles''.

For further information or advice on Health & Safety related issues please contact Sarah Shemmings at our London office on 0845 345 1244 or by email at sas@shemmingsllp.co.uk

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RIBA 2012 CPD Programme - 30/07/2012

Robert Shawyer, Partner of our Cardiff Office, has completed 9 lectures across the Country this month as part of the Royal Institute of British Architects National 2012 CPD programme. Robert''s lectures cover matters of Procurement, EU Law and the Changes to the Construction Act. The final four lectures will be in London, Gateshead, Bath and Leeds.

See the RIBA website for further details:

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Welldone walkers! - 06/06/2012

This year's London Legal Sponsored Walk took place on Monday 21 May 2012.



Walking on behalf of Silver Shemmings LLP were Colette Steers, Ginny Lavagna, Charlotte Steers and Francesca Lawford who completed the 10Km walk in just over 1 hour and 30 minutes.

The starting point was the Royal Courts of Justice and the route took walkers down the Embankment and past landmarks including the Millenium Wheel and the Tate Modern, finishing at the Law Society.

There were over 6,000 walkers in total and the event has raised an estimated £550,000. The firm has raised just over £300 and would like to thank all of those that have made donations. The funds raised will go to legal advice agencies and centres across London and the South East.



It is still possible to make donations via our fundraising page which can be accessed via the 'More on this Article' link below.

Thank you again for your support.

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Wishing the Silver Shemmings' Team good luck today - 21/05/2012

Silver Shemmings LLP are taking part in the 8th London Legal sponsored walk on Monday 21st May 2012. The 10km walk starting from the Royal Courts of Justice is to raise funds for Law centres and free legal advice centres in London and the South East.

All donations are thankfully received and can be made via our fundraising page (which can be accessed via the link 'More on this Article' below

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Contract Procurement Seminars - 09/03/2012

Robert Shawyer is for the Royal Institute of British Architects 2012 CPD year providing seminars on Contract Procurement strategy and awareness in the following locations:

Jan - Cambridge
Feb - Cardiff
Mar - Reading
April - Crawley
May - Exeter
June - Nottingham
July - Birmingham, Liverpool and Manchester
Sept - London
Oct - Gateshead Nov - Bath and Leeds

The 2 hour seminar discusses the selection criteria when considering what form of Contract a client should use. Procurement techniques and how to consider tenders and deal with amendments with reference to European Procurement guidelines and the effect of qualitative scoring. The seminar also covers how and why to amend Standard Forms of Contracts and how to incorporate documents into the Contract and deal with ambiguities between this documents plus the matter of Letters of Intent.

Finally the seminar discusses the legislative changes to the Housing Grants, Construction and Regeneration Act 1996 what impact these have, what Contracts they apply to and when they should not be incorporated.

Silver Shemmings welcome new Consultant Solicitor - 01/12/2011

We are pleased to confirm that Diana Hird has joined the practice as a Consultant as from 1 December 2011.

Diana specialises in professional negligence claims for construction professionals, contract vetting and commercial advice.

Diana can be contacted at our London office on 0845 345 1244 or by email at deh@shemmingsllp.co.uk

Employment Law Article by Anthony Philpott published in the Solicitors Journal - 01/11/2011

''Coming of Age'' is an article on age discrimination written by Anthony Philpott, Consultant with Silver Shemmings LLP. This article has recently been published in the Solicitors Journal (SJ 155/40 25 October 2011)

Anthony Philpott looks at the case of Seldon v Clarkson Wright & Jakes and Equality and Human Rights Commission [2010] EWCA Civ 899 which involved an equity Partner in a firm of solicitors who was compulsory retired at the end of the year following his 65th birthday. Seldon alleged enforced retirement constituted direct age discrimination and the issue for the Employment Tribunal was whether the discrimination could be justified as a proportionate means of achieving a legitimate aim.

A copy of this article can be dowloaded from the Publications section of our website via the "More on this article" link below.

If you would like any further information please contact Anthony Philpott on 0845 345 1244 or ap@shemmingsllp.co.uk

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Free Legal Helpine for FMB Members - 14/10/2011

We are now assisting the Federation of Master Builders London region by providing a free legal helpline for its members. Since its start we have had a number of calls for assistance on a range of matters.

This helpline is in addition to our legal helpline details of which are are shown above. If you require any further information please contact Sarah Shemmings at our London office.

Practical Guide to NEC3 Engineering & Construction Contract - 04/05/2011

The NEC3 Engineering & Construction Contract is one of the more popular forms of contract used in the construction industry. However it is also much misunderstood which is why our seminars on the subject have been so popular and is why Michael Rowlinson of Alway Associates,a company that we work closely with, has written a book on the subject.

A Practical Guide to the NEC3 Engineering & Construction Contract has recently been published by Wiley-Blackwell. We do recommend this as essential reading material!

Tickets for Wimbledon - Is it Bribery? - 27/04/2011

The Bribery Act passed last year has not yet come into force because guidance on how the Act was supposed to work could not be agreed. However last week this was published with a view to implementing the Act in July of this year.

So what is bribery?

It is defined by the Act in 2 general offences. The first deals with the "offering, promising or giving of an advantage" and the second with "requesting, agreeing to receive or accepting an advantage" i.e. giving a bribe and receiving a bribe.

In the introduction to the Guidance Note, Ken Clarke the Justice Minister states:-

"I have listened carefully to business representatives to ensure the Act is implemented in a workable way - especially for small firms that have limited resources. And, as I hope this guidance shows, combating the risks of bribery is largely about common sense, not burdensome procedures. The core principle it sets out is proportionality".

Many companies were concerned that by hosting hospitality events, they would fall foul of this Act. The Guidance makes it clear that:

"Bona fide hospitality and promotional, or other business expenditure which seeks to improve the image of a commercial organisation, better to present products and services, or establish cordial relations, is recognised as an established and important part of doing business and it is not the intention of the Act to criminalise such behaviour. The Government does not intend for the Act to prohibit reasonable and proportionate hospitality and promotional or other similar business expenditure intended for these purposes. It is, however, clear that hospitality and promotional or other similar business expenditure can be employed as bribes."

So tickets for the cricket or tennis are still ok provided of course that they are not being used as a bribe.

For more information please contact Sarah Shemmings on 0845 345 1244 or at sas@shemmingsllp.co.uk

First Corporate Manslaughter Trial - 01/02/2011

The first prosecution for Corporate Manslaughter commenced its Trial last week. This is the first prosecution brought under the Corporate Manslaughter & Corporate Homicide Act 2008. This Act allows companies themselves to be convicted of a criminal offence. For further information, please contact Sarah Shemmings at sas@shemmingsllp.co.uk.