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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Progress made in addressing the pyrite problem
February 2013On 21st December 2012, the Minister for the Environment, Community and Local Government announced the establishment of a Pyrite Resolution Board to oversee the implementation of a comprehensive remediation scheme for approximately 12,500 private dwellings affected by pyrite heave in Ireland. This article gives an update on the current status of this board.
A likely story
February 2013The Court of Appeal considered recently – in John Grimes Partnership Ltd vs Gubbins – whether consulting engineers were liable for a fall in the market value of a development. The decision boiled down to whether that loss was ‘not unlikely’.
Implications of refusal to mediate
February 2013As required by the Court of Appeal in Dunnett v Railtrack Plc it is necessary for lawyers and litigants to consider ADR. Failure to do so may result in a costs penalty at court. In Hurst v Leeming the High Court suggested that a refusal to mediate would be justified only in exceptional circumstances.
Update on potential changes to TUPE – January 2013
February 2013The Government is determined (they say) to remove unnecessary gold-plating and over regulation and is proposing amendments to be made to the Transfer of undertakings (Protection of Employment) Regulations 2006. A particular target are Service Provision Changes which it seems are being earmarked for repeal. Consultation has just been launched on 17 January 2013.
Beale and Company Legal Review of 2012
January 2013Beale and Company's Legal Review of 2012 focuses on the significant court cases in 2012 in the fields of professional liability and construction. An electronic copy of the review can be found at the end of this page. We hope you will find it informative and if you would like to discuss any of the issues covered please contact us… Read More >
UKLA introduces Knowledge Base
January 2013The United Kingdom Listing Authority (UKLA) has introduced the Knowledge Base as a single repository of technical guidance in relation to the Listing Rules, Prospectus Rules and Disclosure and Transparency Rules.
Procurement Update
January 2013In the first of a new series of procurement law updates, James Hutchinson examines a couple of recent developments that are of relevance to tenderers.
Legal Ombudsmans powers Increased
January 2013The Legal Ombudsman investigates complaints about lawyers in England and Wales. It opened on 6 October 2010 as a result of the Legal Services Act 2007 and took over from the Legal Complaints Service and other legal complaint handling bodies.
Changes to the Bar Council’s Standard Contractual Terms
January 2013The Bar Council has proposed some new standard terms governing contracts with Counsel. These are intended for use from 31 January 2013, though we are aware of Counsel’s Chambers seeking to adopt them already. They are far more onerous than the existing proposed standard contractual terms.
Reports from the courts – January/February 2013
January 2013Our regular round up of court decisions, from Will Buckby and Andrew Croft of Beale and Company, includes a ruling which denies that planners constitute a profession; and one that says adjudicators need not be paid when decisions are unenforceable due to natural justice failings.