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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Cyber Update: Byte-Sized Regular Updates on Cyber Liability Issues
In our regular update on cyber liability issues, we look at: an insurer fined by the ICO for loss of customer data; ABI’s belief that cyber insurance will be ubiquitous by 2025; CII’s data protection guide; ICC’s cyber security advice; a speech on cyber insurance by the Bank of England; and an update to BIS’s… Read More >
Administration of P.C.Harrington Contractors Limited
According to press reports, specialist concrete contractor P.C. Harrington Contractors Limited has gone into administration. Administration is the procedure by which a company that is, or is likely to become, insolvent can be reorganised or have its assets realised for the benefit of creditors. To read more please click the link below
Reports from the courts April 2015
Andrew Croft and Simi Sivapalan of Beale & Company report on the recent court cases of most interest to construction, including one with implications for novation; and a ruling that underlines the difficulty of challenging an adjudicator’s jurisdiction on the grounds that a dispute has not crystallised. This article was first published by Construction Law… Read More >
When is a delay so inordinate and inexcusable that the balance of justice favours striking out a claim?
A recent decision of the newly-established Court of Appeal, in Tom Tanner v Aidan O’Donovan and Elaine O’Donovan trading as Construction Design Studio and Timothy P Murphy has confirmed the approach that will be adopted by Irish Courts when determining when a Defendant is entitled to have proceedings that have been issued against them struck… Read More >
MW High Tech Projects UK Ltd v Haase Environmental Consulting GmbH [2015]
Consultant may be liable for non-negligent breach of strict obligations in an appointment notwithstanding that they are subject to an over-arching obligation to use “reasonable skill and care” In this case, the court had to consider the terms of an appointment which required the consultant to use reasonable skill and care on the one hand,… Read More >
The Financial Services Ombudsman: An Insight into the Determinations Process & Examination of Recent Trends
Two recent decisions of the High Court have provided an insight into the Financial Services Ombudsman (“the Ombudsman”)’s investigation and determination procedures. To read more please click on the link below
Should I have told you about that? – When does a professional have a duty to warn?
In the recent case of Goldswain and Another v Beltec Limited and Another [2015] EWHC 556 Mr Justice Akenhead considered the circumstances in which a professional engineer has a duty to warn a contractor (or home owner) of problems with the way the contractor is carrying out work. To read more please click on the… Read More >
Risk Management & How to Avoid Claims Before They Arise
Sarah Conroy and Mary Smith outline steps Practices can take to assist in minimising the risk of exposure to professional negligence claims from clients. Disputes with clients and/or third parties can arise for a number of reasons andat any time. Claims against professional advisors such as auditors, accountants and tax advisors tend to increase particularly… Read More >
Government Announce Major Crackdown on Professionals who Assist Clients in Tax Evasion – New Criminal Sanctions Introduced
On 19 March 2015, the Government announced proposed new criminal offences to tackle tax evasion, which were formally announced in the Chief Secretary to the Treasury, Danny Alexander’s “yellow budget” before the House of Commons. To read the full article please click on the link below
Managing Risk in Renewables
Tom Pemberton analyses procurement in the burgeoning renewable energy market, warning that recent case law highlights why contracts have to allocate risk appropriately. This article first appeard in Construction Law March 2015. To read more please click on the link below.