Articles
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.
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Aspect Contracts (Asbestos) Limited v Higgins Construction Plc
July 2015In the Supreme Court’s first ruling concerning construction adjudication the court considers challenging adjudicators’ decisions and limitation periods. To read more please click on the link below.
Highways Roundtable 2 – Note of Discussions
July 2015Beale & Company hosted its second Highways Roundtable in March this year; the latest in an ongoing series of industry focussed roundtables. The roundtable was held under Chatham House Rules and provided an opportunity for leading figures to debate the challenges facing the highways industry now and in the future. We were also joined by… Read More >
Reform of Public Works Contracts – The Way Forward
June 2015The Public Works Contracts review has been ongoing since late 2013. While the Government Construction Contracts Committee (“GCCC”) is still of the opinion fixed term lump sum contracts have their place in the right circumstances, they accept that their role should be limited to certain types of contracts, ideally where the contract is easy to… Read More >
A “no score draw” in a case involving a battle of the forms
June 2015TCC re-states the principles governing a ‘battle of the forms’, and on the facts of the case finds that neither party’s terms and conditions applied. To read more please click on the link below.
BIM Promotes Collaboration
June 2015Following a recent BIM Working Group held by Beale & Company, Andrew Croft and Natalie Ledger identify some of the legal issues arising from the use of BIM and explore some of the methods of managing them. Collaborative contracts look like becoming more prevalent. To read more please click on the link below.
Reports from the courts – June 2015
June 2015Andrew Croft and Simii Sivapalan of Beale & Company present our latest review of the court cases of most interest to construction, including a key ruling concerning the duty to warn; and one that cautions adjudicators against unilateral conversations with parties. To read more please click on the link below
R v Thames Water Utilities Ltd [2015] EWCA Crim 960
June 2015Court of Appeal gives guidance for the sentencing of very large organisations guilty of environmental offences. To read more please click on the link below
Association of Project Safety Forms of Appointment
June 2015The Association of Project Safety (“APS”) recently published three new forms of appointment to reflect the CDM Regulations 2015, which came into force on 5 April 2015. TO read more please click on the link below.
Interrogatories: An under used litigation tool
June 2015A recent High Court judgment of Mr Justice Barr in Joseph McCabe and Clara McCabe v Irish Life Assurance Plc (Defendant) and Danske Bank trading as National Irish Bank (Third Party) (“the McCabe proceedings”) has provided useful guidance on the circumstances which are appropriate for interrogatories to be used. To read more please click on… Read More >
Predictive Coding in Discovery
June 2015It is important that Insurers be cognisant of the spiralling costs of discovery. There is no longer need for an appointed law firm to have the floor space and a large workforce to deal with large matters. To read more please click on the link below.