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.
Article Search
Archives: Articles
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.
Construction (Design & Management) Regulations 2015 Frequently Asked Questions
June 2015The Construction (Design and Management) Regulations 2015 (“CDM 2015”) came into force on 6 April 2015. CDM 2015 makes some significant changes, including the requirement for a new role of “principal designer”. We have received a number of common queries in relation to these changes and these FAQs set out our responses to some of… Read More >
Applications to Amend: Grounds for Resistance
June 2015Guidance on whether amendments to Particulars of Claim will be permitted by the court has recently been provided by Mr Justice Coulson in CIP Properties (AIPT) Ltd v Galliford Try Infrastructure Ltd and Others. To read more please click on the link below.
Disclosure of procurement documents when challenging the procedure adopted
June 2015When challenging a procurement procedure, a claiming party should seek all relevant documents including the guidance and instructions to evaluators and the score sheets. Where such documents do not exist, as in the recent decision of Coulson J in Geodesign Barriers Ltd v The Environment Agency [2015] EWHC 1121 (TCC), an argument that a procurement… Read More >
Simon Cockell v Martin Holton – Relief for sanctions denied
June 2015In the recent case of Simon Cockell v (t/a Cockell Building Services) v Martin Holton (No 2) [2015] EWHC 1117 (TCC), Edwards-Stuart J gave further evidence of the court’s attitude to applications for relief from sanctions. The decision was also a reminder of the safety net defence of defects in the work up to the… Read More >
Reports from the courts
May 2015Our review of the recent court cases of most interest to construction from Andrew Croft and Simii Sivapalan of Beale & Company includes a decision that backed an adjudicator’s award and an amended award; and one that highlights the need to take special care with contracts that contain both a strict obligation as well as… Read More >