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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The Autumn Statement 2014 for construction lawyers
December 2014In this article, first published in Nexis Lexis on 3 December 2014, Will Buckby, Partner at Beale & Company provides comment on the Autumn Statement 2014 and what it means for construction lawyers. To read the full article, please click on the link below.
Reports from the courts – December 2014
December 2014This month Andrew Croft and Jennifer Webb focus on a ruling that shows the need for careful drafting of clauses granting rights to third parties; and one standing as a warning to make sure that liquidated damages claims are based on genuine pre-estimates. This article first appeard in Construction Law December 2014. To read more,… Read More >
Autumn Statement – more roads are a key to our prosperity
December 2014As part of the Chancellor’s Autumn Statement, which will be formally announced on 3 December 2014, the Government has announced plans to invest £15 billion in England’s road network over the next 5 years. This follows a number of other positive announcements in relation to the highways industry, which looks likely to receive a significant… Read More >
Managing Bring Your Own Device Cyber RIsk
December 2014Many employees now own personal mobile devices (such as tablets, smartphones or laptops) that can be used for business purposes. Businesses are receiving an increasing number of requests to allow employees to use these devices at work. Although BYOD can provide a number of benefits, it also comes with associated risks to businesses and potentially… Read More >
Friendly discussions
December 2014The High Court recently upheld an obligation to engage in “friendly discussion” before commencing arbitration, entailing a duty to negotiate in good faith. In Emirates Trading Agency LLC v Prime Mineral Exports Private Limited [2014] EWHC 2104 (Comm), the High Court has held that an obligation to engage in “friendly discussion” before commencing arbitration was… Read More >
Recoverable Benefits and Assistance Scheme – What insurers need to know (The Irish perspective)
November 2014On 1 August 2014 the Recoverable Benefits and Assistance Scheme came into effect. The central provisions are contained in sections 13 and 14 of the Social Welfare and Pensions Act 2013 which commenced on 1 August 2014. The essence of the Scheme is to require defendants (in most cases this will be insurers) to reimburse… Read More >
Insolvent insurers – Claims on the Irish Compensation Fund
November 2014A recent decision has confirmed that a claimant will not be able to make a claim on the Irish Insurance Compensation Fund unless the insolvent insurer which is liable to make the payment has previously been granted an authorisation by the Central Bank. This relates to claims which arose prior to the enactment of the… Read More >
“Sorry, Too Late….”
November 2014Toombs v Bridging Loand Ltd (2014) It was confirmed on appeal to the High Court in Toombs v Bridging Loans Ltd that a professional negligence claim by a lender against a valuer, who had wrongly undervalued a property (which was the security provided for a mortgage), was time-barred…..
Sir, you may not step into my shoes: Insurers do not always have a right of subrogation
November 2014The Court of Appeal in Rathbone Brothers Plc v Novae Corporate Underwriting Ltd has set out some useful guidance on the issue of when Insurers do not enjoy the right of subrogation. The decision is very fact specific and should not be taken to mean that the Court will often and readily imply a non-subrogation… Read More >
Beale & Company Rail Roundtable
November 2014The UK Rail Industry – making tracks, or trouble on the line? Beale & Company recently hosted the second in its series of industry focused roundtable discussions, bringing together key stakeholders in the rail industry to discuss the effect of the latest developments in the industry, as well as the future. The event was a… Read More >