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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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.
The case of Igloo Regeneration Limited v Powell Williams Partnership
August 2013This case involves allegations of professional negligence by the Claimants who were institutional purchasers of historical mill buildings in Leeds, Yorkshire following their engagement of the Defendant surveyors and engineers to survey those buildings prior to purchase.
Professional indemnity insurance for engineers
July 2013It is often only when a claim is made that an engineer will dust off his/her Professional Indemnity Insurance (PII) policy and consider what the policy does and (just as importantly) does not cover. In this article we look at some of the key features of PII insurance and some common terms and conditions.
Elvanite Full Circle Limited v Amec Earth & Environmental (UK) Limited – Judgment No. 2 (Costs)
July 2013With introduction of the new costs management regime, which has been in force since 1 April 2013, the Courts have taken a strict approach in seeking to control the costs of litigation in accordance with the overriding objective. Although this case was issued prior to the new costs regime coming into force, it demonstrates the… Read More >
Construction 2025 – Efficiency, BIM and Fair Payment
July 2013On 2 July 2013 the UK Government, in partnership with construction industry leaders, published Construction 2025, a strategy aiming to “radically transform the construction industry” by 2025. The Global Construction 2025 report, launched days before Construction 2025, projected growth in the global construction market of 70% by 2025 and one of the main aims of… Read More >
Reports from the courts – July 2013
July 2013In our latest review of the court cases of most interest to construction Charlie Aitchison and Will Buckby of Beale and Company find confirmation that contracts will be construed by the courts in their entirety in a TCC decision; and a case which may give cause for concern over enforcing large scale adjudications in Scotland.
Moving with the times – July 2013
July 2013Guest editor Andrew Croft of Beale & Company reviews the new edition NEC3 suite of contracts which, although welcomed, could have gone further, he argues. An NEC Alliancing Contract could be in the offing.
Reports from the Courts – June 2013
June 2013Our regular look at the court cases of most interest to construction from Will Buckby and Andrew Croft of Beale & Company focuses on an appeal court reversal of a high court ruling on a case turning on ‘good faith’; and another showing the difficulties of recovering money from employers when contractors are insolvent.