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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Facing highways challenges together
September 2015Beale & Company associate, Ben Mullard, sees a challenging future for Highways England – and its supply chain – as the newly formed organisation introduces new procurement routes. Much hope is being pinned on the Collaborative Delivery Framework, but is it up to the task? This article was first published in the August/September edition of… Read More >
ACE publishes Amendment Sheet covering CDM 2015
September 2015The Association for Consultancy and Engineering (“ACE”) has published an amendment sheet (“Amendment Sheet”) for the ACE Agreements 2009 Edition, Second Revision covering the Construction (Design and Management) Regulations 2015 (“CDM 2015”) which came into force on 6 April 2015. For a copy of the Amendment Sheet, click here. The amendments all concern the Schedules… Read More >
When does a claim against an insured company fall within the provisions of Section 62 of the Civil Liability Act, 1961?
August 2015The recent High Court judgment of Mr Justice Gilligan in Murphy v Allianz plc has provided further clarity on the circumstances to which Section 62 of the Civil Liability Act, 1961 (“CLA”) will apply. Read more in our article below.
Information sought by way of additional particulars must arise out of the pleadings
August 2015Quinn Insurance Limited has claimed damages in the order of €800 million against its former auditor PriceWaterhouseCoopers for alleged negligence in the auditing of its accounts. In a pre-discovery motion the Commercial Court ordered Quinn Insurance to furnish further information in relation to certain aspects of its claim. Read more in our article below.
Significant decision on aggregation in Solicitors’ PII
August 2015AIG (the PII Insurer of OC320301 LLP, formerly known as The International Law Partnership LLP (“TILP”), a firm of solicitors) sought a declaration that various claims made against TILP should be aggregated as one claim. They were brought by trustees acting for 214 investors and arose out of failed property investments totalling over £10m. This… Read More >
Reports from the courts – July 2015
July 2015Our regular round up of the court cases of most interest to construction from Andrew Croft and Simii Sivapalan of Beale & Company focus on a case where there was a dispute over whose standard terms applied; and one which shows the courts’ reluctance to intervene when guarantees are called or paid. To read more… Read More >
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.