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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Irish Arbitration Act 2010
April 2013The Irish Courts have traditionally refused to stay proceedings in circumstances where a significant “step” has been taken by one of the parties in court proceedings. A recent decision of Mr Justice Hogan in the Irish High Court addresses the issue of what constitutes a “step” in proceedings sufficient to prevent a party from relying… Read More >
Pyrite Resolution Board Update
April 2013In December 2012 the Minister for the Environment, Phil Hogan, established a Pyrite Resolution Board (PRB) to oversee the implementation of a comprehensive remediation scheme for private dwellings affected by significant pyrite heave. The Board is now fully constituted and comprises John O’Connor (Chairman), Caroline Gill, Paul Forde, Sean Balfe, and Matt Gallagher. They held… Read More >
Net contribution clauses under the spotlight
April 2013There has been little reported case law dealing with net contribution clauses. On the basis of this, there has been some debate as to whether, or how, they would be enforced. This articles looks at some recent cases that have attracted attention.
The Jackson Reforms and implications for the TCC
April 2013The Jackson Reforms came into force on 1 April 2013. In this article we outline some of the particular issues to look out for in relation to disputes in the Technology and Construction Court (TCC).
O ye of little faith
April 2013A recent Court of Appeal case confirms the traditional English hostility to a general doctrine of good faith in the performance of contracts. Rupert Choat looked at the sort of terms that could be implied in construction contracts, one of which was a duty of good faith. As this concept has given rise to conflicting… Read More >
Changes to Part 36 – Offers to settle
April 2013The Jackson Reforms, which came into force on 1 April 2013, have made some substantial changes to the Part 36 regime. The Civil Procedure (Amendment) Rules 2013 (SI 2013/262) introduce a revised CPR 36.14(3) which applies to Part 36 offers made on or after 1 April 2013 and which provide an additional incentive for claimants… Read More >
Reports from the courts – April 2013
April 2013Our latest round up of the court cases of most interest to construction comes from Will Buckby and Andrew Croft of Beale and Company who focus on an appeal court ruling that confirms the dangers of agreeing an absolute obligation to complete a project by a specific date; and a case that underlines uncertainties that… Read More >
Budget 2013 – Government crackdown on LLP taxation
March 2013The Chancellor announced in yesterday’s Budget plans to consult on measures to remove the presumption of self-employment from limited liability partnerships and to counter the artificial allocation of profits to partners.
Draft Safety Health and Welfare at Work (Construction) Regulations 2013 – Ireland
March 2013A period of consultation during which the public and other interested parties were invited to give their views and comments on the draft safety health and welfare at work regulations ended in December 2012. The Regulations are due to be enacted in June 2013. This article outlines the main changes that will take place.
Reports from the courts – March 2013
March 2013Our regular round up of the court decisions of most interest to construction from Will Buckby and Ibaad Hakim of Beale and Company focuses on a case concerning liability for the failure of an under designed platform; and another where an adjudicator changed his mind.