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 Court of Appeal has overturned the controversial TCC decision in Hunt and others v Optima (Cambridge) Ltd and others relating to the architects’ duty of care in providing certificates.
August 2014In a decision welcomed by architects, the Court of Appeal has overturned the Technology and Construction Court (“TCC”) decision in Hunt and others v Optima (Cambridge) Ltd and others. It has held that an action for negligent misstatement in respect of a number of architects’ certificates failed as the purchasers were unable to show reliance… Read More >
Beale & Company Highways Roundtable
August 2014Increased investment and collaborative working in the highways industry Note of discussions Beale & Company recently hosted the first of an ongoing series of industry focused roundtable discussions, bringing together a number of leading figures to consider the future of the highways industry. The event was a great success. It was attended by various leading… Read More >
Reports from the courts July 2014
August 2014Will Buckby and Jennifer Webb review two cases from the Technology and Construction Court, one concerning warranties as to the service life of works; and one demonstrating that time limits for claiming an extension of time and/ or additional costs may act as a condition precedent to obtaining an extension and/or additional costs. This article was first… Read More >
TCC strikes out £1.8m claim following Claimant’s improper service of its Claim Form
July 2014In the recent case of Glasshouse Group Limited v Greig Ling Limited (June 2014 – unreported), the TCC struck out the claim that was improperly served on the last day of the four-month period for service. To read the full article please click on the link below.
Costs Consequences for Insurers for Failure to Investigate Claim Properly
July 2014On 5 June 2014 the High Court (Hedigan J) found an Insurer liable to pay the entire costs of a successful Plaintiff and a co-Defendant for defending a personal injury action where the Insurer repudiated a policy of insurance held by two homeowners approximately two months before the trial of this matter. To read the… Read More >
Fragmentation of building disputes in Ireland – a recent decision
July 2014A recent decision of Mr. Justice Ryan dealt with an application by a defendant for an Order to stay the proceedings against it to arbitration in accordance with the terms of an arbitration agreement between the plaintiff and that defendant. To read the full article please click on the link below.
Beale & Company advises drainage contractor on £3m VC investment and acquisition
July 2014Beale & Company completed simultaneous deals for drainage contractor Flowline. Venture capital investor the Business Growth Fund acquired a minority stake in Flowline for £3m and Flowline acquired Clearaway Drainage Services Limited. To read the full article please click on the link below.
High Court strikes out £7m claim, awarding indemnity costs, following Claimant’s failure to implement the Protocol
July 2014In this article Charlie Aitchison, Solicitor at Beale & Company discusses the recent case of Sainsbury’s Supermarkets Limited -v- (1) Condek Holdings Limited and Others. The £7m claim was struck out by the High Court on the basis that the Claimant had pursued the wrong party. To read the full article please click the link… Read More >
Issues arising from collaborative working – an introduction
July 2014Ben Mulard, Associate at Beale & Company discusses the key issues to consider when approaching collaborative working. To read the full article please click on the link below.
Witnessing deeds: more than a formality
June 2014The recent decision in Briggs and others v Gleeds and others [2014] provides a reminder to those executing deeds and other documents of the need to abide by the formalities and to take extreme care when executing any document. Failure to do so resulted in a pension scheme being in deficit by up to £45… Read More >