construction | disputes | Ireland

Causation: ‘But for’ an illegal tackle. Everything Everywhere All at Once. Concurrent delay.

Twenty-six minutes into the United Rugby Championship quarter final on 6 May, Bulls’ flanker Cyle Brink was sin-binned for taking out an opponent who was waiting for a try-scoring pass. Should there have been a penalty try? The laws say: ‘A penalty try is awarded if foul play by the opposition prevents a probable try from being scored, or scored in a better position.’ Did the foul prevent the try?

construction | contracts | disputes | Ireland

Ireland’s Construction Contracts Act: 5 suggestions

Paper presented to Chartered Institute of Arbitrators Irish Branch Construction Contracts Act Conference 13 July 2022 It’s hardly surprising that Ireland’s Construction Contracts Act 2013 differs from some similar legislation elsewhere. I like some of its particular features, such as— Adjudication is a free-standing statutory process. This is more clear, straightforward, and honest than writing adjudication into contracts as a…