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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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 >
Consultants – Navigate your novation
November 2014Novation agreements are being required more often with increased procurement on a design and build basis. Andrew Croft looks at novation from a consultant’s perspective and emphasises the need for consultants to understand how to manage their risks when novation is required. This article was first published in Construction Law, November 2014. To read the… Read More >
A look into some of the possible effects of the proposed revisions to the CDM Regulations 2007 for designers
November 2014Following the Health and Safety Executive’s (“HSE”) recent report on the public consultation into proposed amendments to the Construction (Design and Management) Regulations 2007 (“CDM Regulations 2007”), we take a look into some of the possible consequences of the amendments for designers. To read the full article, please click on the clink below.
Reports from the Courts – November 2014
November 2014Andrew Croft and Jennifer Webb of Beale & Company report on two recent cases from the Court of Appeal; the first case concerns Architects Certificates, and the second looks at the drafting of indemnity clauses in light of the relevant commercial context. This article was first published in Construction Law, November 2014. To read the… Read More >
Searching for a signpoast to Coventry
November 2014In Caliendo and another v Mishcon de Reya (A Firm) and another [2014] EWHC 3414 (Ch), the High Court was asked to consider the impact of Coventry and others v Lawrence and another (No 2) [2014] UKSC 46 in relation to an application for relief from sanction under the principles set down in Denton. Coventry… Read More >
Case management and ADR – finding the right balance
October 2014A recent decision of Mr Justice Coulson in the TCC addressed the interaction between ADR and case management by the Court. At the first Case Management Conference in CIP Properties (AIPT) Limited v Galliford Try Infrastructure Limited and Others the Defendants argued that a ‘window’ of 3 – 4 months should be built into the… Read More >