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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Government confirms crackdown on LLP taxation
December 2013The Chancellor confirmed in yesterday’s Autumn Statement the Government’s plan to remove the presumption of self-employment from limited liability partnerships and to counter the artificial allocation of profits to partners. The proposed changes are of particular interest to the investment management industry, lawyers, accountants and construction professionals practising as LLPs. For further information please read… Read More >
Reports from the Courts – December 2013
December 2013Our regular round up of the court decisions of most interest to construction from Andrew Croft and Will Buckby of Beale & Company includes an adjudication decision being upheld despite the adjudicator applying a clause in a way that neither party had argued; and one which highlights the importance of naming the correct legal entities in contracts.
Has the tide turned on the extent of losses that can be claimed against Solicitors?
November 2013In a unanimous decision in the case of Gabriel v Little and BPE Solicitors LLP the Court of Appeal has reinforced the recent run of decisions against Solicitors limiting losses to the consequences of a solicitor’s “information” (as per Lord Hoffman’s categorisation in Saamco) being wrong. Despite cases such as Portman BS v Bevan Ashford… Read More >
Recent High Court Judgment on Valuer’s Negligence
November 2013In a recent judgment of Mr Justice Hedigan , the High Court considered whether two auctioneers were negligent in their valuation of lands in 2007. The Court held that valuers owed a duty of care when preparing valuations and that a party who commissioned a valuation was entitled to rely on it and to assume… Read More >
Reports from the Courts – November 2013
November 2013Our round up of court decisions and rulings from Andrew Croft and Will Buckby focuses on one that confirms set-off cannot be laid against sums awarded to be paid by an adjudicator; and one which sheds light on whether collateral warranties are contracts for the purpose of adjudication.
Due diligence, obligations to cooperate and limitations of liability – the importance of ensuring that they are in clear and certain terms
November 2013The recent judgment by Stuart-Smith J in SABIC UK Petrochemicals Ltd v Punj Lloyd Ltd [2013] EWHC 2916 (TCC) and a related case involving Punj Lloyd’s subsidiary Simon Carves Ltd addressed the following issues, among others: the meaning of “due diligence”, the obliged obligation of one party not to hinder or disrupt and the scope of a clause… Read More >
Third Party Claims against Insurers – The Irish Position
November 2013We are frequently asked by Insurers whether there is an Irish statutory equivalent, similar to the UK Third Parties (Rights against Insurers) Act 1930. Following the recent High Court decision in Yun Bing Hu v. Duleek Formwork Limited (in Liquidation) and Aviva direct Limited t/a Aviva [2013] IEHC 50 (“Hu v Duleek”) on this very… Read More >
Reports from the Courts – October 2013
October 2013Our regular round up of the court decisions of most interest to construction comes from Andrew Croft and Will Buckby who focus on a case highlighting the risks to consultants of issuing certificates without due care; and a maritime dispute with analogous lessons for the use of on demand bonds in construction. This article was first… Read More >
Developments in Health and Safety Law
October 2013In this article Sheena Sood and James Vernon outline some of the recent developments in the law including changes to guidance, the CDM Regs and developments in case law.
The New Employee Shareholder Status
October 2013A new employment status of an “employee shareholder” has been introduced through the Growth and Infrastructure Act 2013, which amends the Employment Rights Act 1996. The new status allows employers to offer new or existing employees free shares worth at least £2,000 in return for giving up some of their employment rights. In this article… Read More >