Our lawyers contribute regularly to industry and legal journals in addition to writing legal briefings, newsletters and case reports for clients and contacts. All of our articles are free to read and download here.
Directors of McDonalds manage to dismiss claim for breach of oversight duties
Whilst there has often been a focus on the E in ESG related risks, it is arguable that the most pervasive theme in ESG-related matters is the social limb, and particularly how companies treat their employees and foster an inclusive culture. A recent decision in the Chancery Court of Delaware, shows that in certain circumstances… Read More >
UK Government still “committed to delivering” HS2, yet will “rephase construction” of Phase 2a by 2 years
In the wake of the UK Government’s announcement last week that HS2 will be further delayed for financial reasons, Antony Smith, Andrew Croft and Ben Couldrey discuss the contractual implications and recommendations for businesses currently engaged (or those considering future engagement) on the high-profile scheme. In November last year, Beale and Co released an article… Read More >
ClientEarth takes Shell’s Board of Directors to Court
We have previously commented on ClientEarth announcing that it had submitted a Letter Before Action against Shell’s 13 Directors for failing to implement a suitable strategy in accordance with the Paris Agreement which seeks to reduce the World’s reliance on fossil fuels. On 9 February 2023, ClientEarth issued proceedings against the now 11 Directors of… Read More >
CMA joins the global enforcement trend to advise employers on how to avoid anti-competition behaviour
Introduction Recent initiatives by competition law authorities have increasingly focused on activities with regard to employment practices. The US has led the way in this regard. In July 2021, President Biden published executive order, “Promoting Competition in the American Economy,” which committed the Department of Justice (DOJ) and the Department of Labour to exchanging information… Read More >
Building Liability Orders – Where are we now?
Building Liability Orders (BLOs) and Information Orders have been in force since 28 June 2022. Over 8 months have now passed and the impact that these orders will have in practice, and how these orders will change the liability landscape for construction projects, remains to be seen. However, we anticipate that significant developments in this… Read More >
Counting the cost – Upcoming changes to the Fixed Recoverable Costs regime
The implementation date for the Government’s proposed changes to the fixed recoverable costs (“FRC”) regime was originally last year. This followed Sir Rupert Jackson’s report into it in July 2017, the Government’s consultation on it in 2019 and the Government’s response to that consultation in September 2021. It is now expected to be implemented in… Read More >
A CHALLENGING ENVIRONMENT
As the realities of climate change become apparent, more and more countries are enacting framework climate change laws to mount a domestic response to the global challenge. The sufficiency of these laws, and the effectiveness of their implementation, are being tested through litigation. In this joint article Beale & Co Partner Michael Salau along with… Read More >
Global Vantage: US$126 million arbitration award set aside due to error of law on the face of the award
The High Court of Trinidad and Tobago has delivered its judgment in National Infrastructure Development Company Limited v Construtora OAS S.A. (Claim No. CV2022-01832), setting aside a US$126 million arbitration award on the basis of an error of law. National Infrastructure Development Company Limited (“NIDCO”) and Construtora OAS S.A. (“OAS”) were parties to a modified… Read More >
Procurement Bill 2022: Key changes in relation to transparency
Background to the Procurement Bill The pre-Brexit procurement process in the UK was derived from EU law and was focussed on facilitating the concept of a single market i.e. maximising cross-border competition and free movement. The UK Government’s first step to simplifying the overly complex EU public procurement process was the publication of its Green… Read More >
Trading in the Twilight Zone – When does the Creditor Duty arise for Company Directors? A round-up of the recent cases applying the Supreme Court decision in Sequana.
Introduction: On 5 October 2022, the Supreme Court delivered a landmark judgement in BTI 2014 LLC v Sequana SA . The decision is the first from the Supreme Court to address when, and in what circumstances, company directors owe a duty to consider the interests of the company’s creditors (‘’the creditor duty’’). The creditor duty… Read More >