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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Accountants overturn controversial tax avoidance decision
March 2014The Court of Appeal has today (25th March 2014) handed down Judgment in the case of Mehjoo v Harben Barker. The Defendant accountants have successfully overturned the first instance decision. The Judgment is very welcome news for accountants and their insurers. It reinforces the importance of the written retainer documents and that there is no… Read More >
Security for Costs in Professional Negligence Actions
March 2014In a recent case involving a claim for professional negligence against the designer of a ventilation system in a private dwelling house the High Court was asked to grant security for the costs that were likely to be incurred by the designer in defending the claim. To read the full article please click the… Read More >
Public sector work for SMEs: Ajar but not open
March 2014The government is taking steps to make public sector work more accessible to SMEs. But there’s a lot more to do – especially on procurement and ensuring prompt payment. We discuss more in our article here, first published in Building Magazine in March 2014.
Danger of overwide liability limits
March 2014Tom Pemberton and Ibaad Hakim of Beale & Company analyse a case that should be closely studied by drafters of clauses relating to liability and risk allocation in construction contracts. Widely drafted limits on liability might not find favour in the courts.
Reports from the Courts – March 2014
March 2014In the latest review of the recent court cases of most interest to construction Will Buckby and Andrew Croft of Beale & Company report on an appeal court decision that turned on whether a surveyor or contractor should be responsible for assessing suitability of properties for insulation; and on a Scottish decision with implications for… Read More >
Perseverance pays – January/February 2014
March 2014Pasquale Pisanelli and Will Buckby of Beale & Company analyse a judgment that gives rare guidance on whether costs incurred in enforcing an arbitration award by serving enforcement proceedings on a party outside of the jurisdiction can be recovered.
Reports from the Courts – January/February 2014
March 2014In this review of the recent court cases of most interest to construction Will Buckby and Andrew Croft of Beale & Company focus on a case which turned on whether a beneficiary of a bond can call on the bond by virtue of its own breach of contract; and on a dispute where the judge… Read More >
Salaried Members of LLPs – One Month to Tax Deadline
March 2014HMRC has issued updated guidance on the new tax rules for salaried members of limited liability partnerships (LLPs) that will apply from 6 April 2014. As we have been reporting since March last year, the changes will have a significant impact on construction professionals operating as LLPs. In this article James Hutchinson discusses the actions… Read More >
TCC considers limitation for tort claims against subcontractors and sub-consultants and when an implied trust may be created
February 2014In the recent judgment in Co-operative Group Limited v Birse Developments Limited, Stuarts Industrial Flooring Limited, Jubb & Partners and Geofirma Soils Engineering Limited, Stuart-Smith J considered when limitation begins to run for claims in tort against a sub-consultant as a result of defective works under the main contract and when a prohibited assignment without… Read More >
Architects Newsletter February 2014
February 2014In this first newsletter we give you short and informative snapshots of key legal considerations to have in mind when negotiating your appointments and carrying out your architectural services. We also give our take on developments and opportunities for the architectural profession generally, including those arising from the RIBA Plan of Work, BIM, operating in… Read More >