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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Loss of Profit: Direct or Indirect Loss?
January 2015In Polypearl Ltd v E.ON Energy Solutions Ltd [2014] EWHC 3045 (QB) the High Court held that an exclusion clause failed to exclude direct loss of profit. This case is a useful reminder that exclusion clauses must be expressed clearly and without ambiguity. To read more please click on the link below.
Draft Construction (Design and Management) Regulations 2015 (“CDM Regulations 2015”)
January 2015Following the Health and Safety Executive’s (“HSE”) report on its public consultation into the proposed consultative draft CDM Regulations last year, the HSE has now published draft CDM Regulations 2015 and accompanying guidance. To read more please click on the link below
Civil Liability (Contribution) Act 1978
December 2014The Court of Appeal in Chief Constable of Hampshire Constabulary v Southampton City Council [2014] EWCA Civ 1541 has provided helpful guidance on when the limitation period starts to run in a claim for indemnity/contribution under the Civil Liabilities (Contribution) Act 1978. To read more please click on the link below
Tougher Penalties proposed for corporate manslaughter & health and safety offenses
December 2014On 13 November 2014, the Sentencing Council (“SC”) published for public consultation draft sentencing guidelines for corporate manslaughter, health and safety (irrespective of whether it was causative of death) and food safety offences. To read more please click on the link below
Mortgage Credit Directive
December 2014Recent legislation enacted by the european institutions in relation to the regulation of credit intermediaries has now imposed a minimum level of Professional Indemnity Insurance (PII) for credit intermediaries in the EU. The legislation also provides that this minimum level of PII is to be kept under review and increased if necessary. Plese click on… Read More >
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 >