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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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COURTS ENFORCE AN OVERRIDING DUTY OF CARE CLAUSE
January 2024An overriding duty of care clause (limiting duties to reasonable skill and care) has in recent years become more common and more desirable to negotiate into contracts. In a key recent decision in which Beale & Company Solicitors LLP acted for AECOM, the successful party, the court[1] upheld the effect and importance of an overriding… Read More >
AUDITOR’S DUTY OF CARE: DISCLAIMERS ARE NOT A UNIVERSAL PANACEA FOR AVOIDING LIABILITY TO A THIRD PARTY
January 2024Amathus Drinks PLC and others v EAGK LLP and others [2023] EWHC 2312 (Ch) The High Court in an application by a defendant auditor to strike out a claim alleging that it owed a third party buyer of shares in a company a duty of care when preparing a Completion Certificate under a Share Purchase Agreement… Read More >
THE HEALTH & SAFETY AUTHORITY ANNUAL REPORT 2022 – A SUMMARY FOR THE CONSTRUCTION SECTOR
January 2024INTRODUCTION In mid-2023, the Health & Safety Authority (“HSA”) published its annual report for 2022 (the “Report”). The HSA is the Irish statutory body responsible for ensuring protection from work-related injury and illness. As a regulator, the HSA monitors, inspects and enforces, and also promotes, advises, encourages, supports and educates. In its annual reports, the… Read More >
REPORTS FROM THE COURTS
December 2023Our regular round up of the court cases of most interest to construction comes from Andrew Croft, Ben Spannuth and Daniela Miklova report on a decision that serves as a useful reminder that the right to adjudication only extends to ‘construction contracts’ as defined in legislation; and one which, although not a construction dispute, reinforces… Read More >
ENVIRONMENTAL OBLIGATIONS PRIORITISED IN INSOLVENCY PROCEEDINGS: APPEALS UPDATE
December 2023Following our previous article on the Canadian case of Qualex-Landmark Towers Inc v 12-10 Capital Corp, there has been an application to appeal to Alberta’s highest court with several intervener applications. Beale & Co provides an update and further commentary on the next chapter of this environmental case. This update follows on from Beale Law’s… Read More >
COP28: Key Takeaways and A Preview Into What Is Next
December 2023At the heart of the COP28 climate summit which recently took place in Dubai, the construction industry stood at a pivotal juncture, recognising the urgent need to redefine building standards in the era of climate change. As stewards of a sector responsible for a significant portion of global carbon emissions (approximately 40%), industry leaders and… Read More >
Lendlease Construction Limited v AECOM Limited [2023] EWHC 2620
December 2023Overview On 1 November 2023, the Technology and Construction Court handed down Judgment in Lendlease Construction (Europe) Limited v AECOM Limited [2023] EWHC 2620 (TCC). Sheena Sood of Beale & Company Solicitors LLP, Lynne McCafferty KC and Matthew Thorne acted for AECOM, the successful party. Lendlease’s claim was dismissed in its entirety with costs awarded in… Read More >
The Building Safety Regulator’s Plan for Change
December 2023The Building Safety Regulator (BSR) has published its 3-year strategic Plan. The three year plan, sets out how the BSR will carry out building safety functions between 2023 and 2026. The plan describes what work the BSR will deliver, how they will deliver this, and what they aim to achieve. The BSR will focus on… Read More >
Churchill v. Merthyr Tydfil County Borough Council [2023] EWCA Civ 1416
December 2023Introduction On 29 November 2023, the long-awaited decision of the Court of Appeal in Churchill v. Merthyr Tydfil County Borough Council was published. The Court of Appeal has ruled that the Courts have the ability to stay proceedings for, or order, the parties to engage in alternative dispute resolution (“ADR”) process. This is a departure… Read More >
REPORTS FROM THE COURTS
November 2023Our regular round up of the court decisions of most interest to construction comes from Andrew Croft, Ben Spannuth and Daniela Miklova who report on a case that warns parties to avoid linking final dates for payment to the submission of invoices/notices; and one that cautions parties about commencing a ‘true value’ adjudication until outstanding… Read More >