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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New Network Rail Investment Programme

Last week Network Rail announced a five-year £38 billion investment programme to give passengers ‘more trains, more seats, reduced congestion and bigger, better stations.’ In this article Will Buckby and Ben Mullard review the proposed investment and touch on the implications for firms working in the rail sector. For more information please click on the… Read More >
Beale & Company Rail Experience

Beale & Company has significant experience of advising contractors and consultants on a wide range of rail projects both in the UK and internationally. in this brochure we provide examples of some of the matters we have advised on, past and present. For more information please click on the link below.
Enforceability of Net Contribution Clauses

On 27 March 2014, the Court of Appeal handed down Judgment in the case of West v Ian Finlay Associates. The Defendant, architect on a significant residential property redevelopment, has successfully overturned the first instance decision of the Technology & Construction Court. The Court of Appeal enforced the net contribution clause in the architect’s appointment… Read More >
Accountants overturn controversial tax avoidance decision

The 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

In 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

The 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

Tom 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

In 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

Pasquale 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

In 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 >