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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Irish High Court confirms Insurance Intermediaries owe a duty of disclosure to consumers
December 2015In a recent case the Court held that an “insurance intermediary” is not only owed a duty of disclosure by the consumer but the intermediary also owes a duty of disclosure to the consumer[1]. In the current case, this duty was held to include the nature of a relationship with the Insurers as well as… Read More >
Does the Construction (Design and Management) Regulations 2015 have an uncertain future?
December 2015Two months after the CDM 2015 transitional provisions came to an end, Sheena Sood and James Vernon discuss the potential for revisions to the Regulations to be introduced in 2016. To read more please click on the link below
No Approved Code of Practice for the Construction (Design and Management) Regulations 2015?
December 2015The Construction Industry Advisory Committee (“CONIAC”) has published its members’ views on whether the Construction (Design and Management) Regulations (“CDM 2015”) require an Approved Code of Practice (“ACOP”). Sheena Sood and James Vernon discuss the Construction Industry Advisory Committee’s views on the requirement of an ACOP for CDM 2015. To read more please click on… Read More >
Application of Construction Act to a hybrid contract can be a “recipe for confusion”
December 2015In Severfield (UK) Limited v Duro Felguera UK Limited the TCC considered the applicable payment regime under a “hybrid contract” and held that if such a contract does not comply with the Act it will be “a recipe for confusion”. In this article Andrew Croft and Nicholas Smith provide details of the case and possible… Read More >
Reports from the Courts
December 2015In our regular round up of the cases of most interest to construction Andrew Croft and Simii Sivapalan of Beale & Company report on a case showing the courts’ determination not to allow any advantage accruing for non-compliance with the Construction Act or the contract; and one showing how the Act will be applied to… Read More >
Irish High Court provides guidance on applications for dismissal of claims
December 2015A recent decision of Ms Justice Baker in Butler & Butler v Nelson & Co Solicitors has provided guidance on the decision-making process that will be employed when an application is made to dismiss a Plaintiff’s claim for non-suit. In this article, Sarah Conroy and Ruadhan Kenny of Beale & Company, provide analysis of the… Read More >
Largest pay-out in the history of Ireland and the future with Periodic Payment Orders
December 2015In this article Michelle Kilroy and Tomas Mac Gearailt discuss the recent case of Gill Russell (minor suing by his mother and next friend, Karen Russell) v HSE in which the Court of Appeal upheld the High Court decision to award €14.9 million in damages to Gill Russell, the highest in Irish history. The article… Read More >
New grounds for declinature by insurers
November 2015In this article Niamh, Loughran and Mary Smith of Beale & Company discuss the recent case of Houlihan v Friends First Life Assurance Company Limited (2014) IEHC 676 in which it was held held that insurers are entitled to consider and rely upon new grounds for declining indemnity under a policy. This entitlement holds even… Read More >
Reports from the Courts – November 2015
November 2015In our latest review of the recent court decisions of most interest to construction Andrew Croft and Simii Sivapalan of Beale & Company report on a dispute under a FIDIC form that went to the Privy Council on appeal; and another that extends the case law on ‘good faith’.
CDM Regulations 2015 – Common Queries
November 2015In this note Sheena Sood and Andrew Croft provide helpful answers to some of the common queries regarding the CDM Regulations 2015. To read the full note, please click on the link below.