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 – October 2014
October 2014Will Buckby and Jennifer Webb of Beale & Company report on two recent cases from the Technology and Construction Court. One case in particular is thought to provide the first guidance on the meaning of ‘appropriate deductions’ in JCT’s Intermediate Form of Contract. This article was first published by Construction Law October 2014. To read… Read More >
Refusal to mediate: a risky strategy
October 2014Can a party in litigation say ‘no’ to mediation? In Northrop Grumman Mission Systems Europe Limited v BAE Systems Limited the Technology & Construction Court found the Defendant’s refusal to mediate was unreasonable. However, that was cancelled out by the fact that the Claimant refused to properly consider and engage with a settlement offer. The… Read More >
Costs effects of Settlement Offers: Did I Win Yet?
October 2014The Court of Appeal in Coward v Phaestos Limited and Others has provided a useful review of the law in relation to different types of without prejudice settlement offer. To read the full article please click on the link below.
Reports from the courts – August/September 2014
October 2014This month Will Buckby and Andrew Croft review a rare example of a partnering agreement being examined in court; and on a Scottish court ruling on enforcing an adjudicator’s decision. This article was first published in Construction Law, August/September 2014. To read the full article please click on the link below.
The HSE publishes report into the outcome of the public consultation on proposed revisions to the CDM Regulations 2007
October 2014The Health and Safety Executive (“HSE”) has reported on the public consultation into proposed amendments to the Construction (Design and Management) Regulations 2007 (“CDM Regulations 2007”) conducted earlier this year. The report recommends action with a view to the CDM Regulations 2015 coming into force in April 2015. To read the full article please click… Read More >
Eurokey Recycling Ltd v Giles Insurance Brokers Ltd [2014] EWHC 2989 (Comm)
September 2014On 12 September 2014 Mr Justice Blair handed down judgement in Eurokey Recycling Ltd v Giles Insurance Brokers Ltd [2014] EWHC 2989 (Comm). The case concerned a claim for damages for negligence and breach of contract brought by Eurokey Recycling, a waste management business, against its former insurance broker. The case against the broker was… Read More >
Weaknesses In Construction Law
September 2014Will Buckby, Partner at Beale & Company, provides comment on the weaknesses in UK construction law and how these weaknesses affect his practice. To read the full article please click on the link below.
Validity of an After The Event insurance policy upheld in Ireland
September 2014In this article we discuss a recent decision of Hogan J in the Irish High Court where the Honourable Judge considered the validity of an After The Event (ATE) insurance policy. Hogan J stated that the Courts had to be cognisant of modern social realities when interpreting – and, if necessary, modifying – the law… Read More >
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 >