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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Reports from the courts – January/February 2013
Our regular round up of court decisions, from Will Buckby and Andrew Croft of Beale and Company, includes a ruling which denies that planners constitute a profession; and one that says adjudicators need not be paid when decisions are unenforceable due to natural justice failings.
The perils of making popcorn
Tom Pemberton of Beale and Company analyses the implications of an appeal court decision concerning when fi tness for purpose obligations will be regarded as implied in contracts for the design,supply and installation of goods and materials.
Reports from the courts – December 2012
Our regular round up of court decisions of the most relevance to construction by Andrew Croft and Will Buckby of Beale and Company focuses on an appeal court ruling that means fi tness for purpose warranties might not be implied into contracts for both supply and fi tting of goods.
A note on the key features of PF2
The government has announced details of a new approach to PFI in its autumn statement. Dubbed PF2, the announcement introduces the most significant reforms to public private partnerships in over 15 years. It follows a year long review in which various criticisms of PFI were considered, including private sector complaints about the delay and expense… Read More >
Spotlight on letters of intent again
In a follow up to a recent article on letters of intent Will Buckby and Andrew Croft of Beale and Company consider a more recent case that underlines the wisdom of their earlier advice to agree final contract terms as early as possible.
Reports from the courts – November 2012
Our latest round up of the court decisions of most relevance to construction comes from Will Buckby and Andrew Croft of Beale and Company, and includes an enforcement of a decision of an adjudicator who had ‘little grasp’ of the subject; and a case highlighting the need to draft indemnities properly. This article was first… Read More >
Even limits have limits
This is an extended version of Rachel Barnes’ article ‘Limitation of liability: Even limits have their limits’ which appeared in Building on 16 November 2012.
Consultants do not or should not undertake strict or absolute contractual obligations
Rachel Barnes explains why consultants should avoid taking on in their appointments a higher duty than reasonable skill and care, by reference to the facts in the recent case of Trebor Bassett Holdings V ADT.
Limitation and Irish Financial Services Claims
In February we reported on the Commercial Court judgment in Gallagher v ACC Bank, a mis-selling claim which raised important limitation issues for financial services claims. In a decision which brings (a little) more certainty to Irish limitation law and will be widely welcomed by financial institutions, financial advisors and their insurers, the Supreme Court… Read More >
Note on Practice Direction 51G
Note on Practice Direction 51G – Costs Management in the Mercantile Courts and Technology and Construction Courts – Pilot Scheme