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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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 >
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 >