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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Information Commissioner Publishes Guidance on Time Limits under the Freedom of Information Act 2000
October 2013The Information Commissioner has published new guidance on the time limits for compliance under the Freedom of Information Act 2000. The guidance note brings together information that previously appeared in separate documents.
First Conviction under Section 29 of the Civil Liability and Courts Act 2004
October 2013On 8 October 2013 the Dublin Circuit Criminal Court imposed the first criminal prosecution under Section 29 of the Civil Liability and Courts Act, 2004, for providing false information during personal injury proceedings. This is the first prosecution since the Act came into effect 9 years ago. This will be of interest to the insurers… Read More >
Privilege over Insurer’s Documents
September 2013Two recent decisions, one of the High Court of Ireland and the other of the High Court of England and Wales, which examined the issue of litigation privilege. They have given some guidance as to when this privilege may be asserted and the factors considered by a court when this privilege is challenged.
Quarterly Case Review – August 2013
September 2013There have been some interesting cases over the last few months which are of particular significance to insurers working with the construction and professional practices sectors. The team at Beale and Company have summarised these recent cases in their most recent Quarterly Update.
Claims under collateral warranties
September 2013In her final column for Building, Rachel Barnes looks at a case that sheds some light on the thorny question of whether a claim under a collateral warranty can be referred to adjudication. It is now 15 years since the construction part of the Housing Grants, Construction and Regeneration Act 1996 came into force. It… Read More >
When will delay and want of prosecution result in strikeout of a plaintiff’s claims?
September 2013In a recent decision of Mr Justice Hogan in Casserly v. O’Connell, practising as O’Connell & Company Solicitors the court considered the basis on which a claim for professional negligence will be struck out for delay and want of prosecution. This decision involved a claim against a solicitor for failing to commence proceedings on behalf… Read More >
Reports from the Courts – August/September 2013
September 2013In our regular round up of court decisions Andrew Croft and Will Buckby report on a rare example of a partnering agreement coming under court scrutiny; and on a ruling that might encourage claimants to leave starting adjudications until the last possible moment.
HMRC cracks down on salaried members of LLPs
September 2013Tax avoidance is headline news. Each week sees another story about multinationals reducing their corporation tax bills or the creative use of tax havens. The Government has decided to set it sights on limited liability partnerships, where it considers some are not paying their fair share.
Comfort regarding limitations and exclusions of liability and time related obligations
August 2013In Elvanite Full Circle Ltd v AMEC Earth & Environmental (UK) Ltd [2013] EWHC 1191 the court addressed a number of key issues including liability for failing to perform obligations by a specified date, limitations of liability, exclusions for indirect and consequential loss and contractual limitation periods
Collateral Warranties – Keep covered and mind the gaps!
August 2013When negotiating a collateral warranty one of the key considerations for the party providing the warranty is whether it exposes them to greater liability than the underlying contract.