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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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Court of Appeal provides further guidance on Part 36
July 2012The recent Court of Appeal decision, PHI Group Limited v Robert West Consulting Limited [2012] EWCA Civ 588, emphasises (i) the importance of complying with Part 36 Civil Procedure Rules if the costs consequences provided by Part 36 are to apply; and (ii) existing non-Part 36 offers are not impliedly withdrawn purely because subsequent (inconsistent)… Read More >
TUPE – Organised Grouping of Employees
July 2012The recent case, Seawell Ltd v Ceva Freight (UK) Ltd & another UKEATS/0034/11/BI sheds light on the issue of which employees transfer when there is a service provision change. Michael Archer and Simii Sivapalan provide further details.
Opinions on Compliance Talk
July 2012The proposed Building Control (Amendment) Regulations 2012 will require building owners to procure certificates of compliance with Building Regulations for both design and construction of buildings. Stephen Chessher has given a talk on the subject to Professional Negligence Lawyers Conference on June 11th in Dublin.
Reports from the courts – July 2012
July 2012In our latest round up of the court decisions of most interest to construction Andrew Croft and Will Buckby of Beale and Company focus on a case that could cause a rise in jurisdictional challenges to adjudicators' decisions; and one that shines light on ‘good faith' obligations in contracts.
A duty to warn
July 2012The scope of a professional duty should be determined by the professional person’s retainer or contract of engagement. However, it is possible that a duty may be triggered by circumstances that arise during the commission. A common example is where a professional, in the course of doing the job for which he or she has… Read More >
Reports from the Courts – June 2012
June 2012Reviewing the recent court decisions of most interest to construction, Will Buckby and Andrew Croft of Beale and Company focus on one that restricts legal privilege to the legal profession; and another that warns developers about implied terms in off plan development contracts.
Causes and Loss: Pegasus vs Ernst & Young
April 2012In Pegasus vs Ernst & Young (23 March), the well-known firm of accountants is being sued for failing to advise the claimant company against acquiring business assets in a way that will or may, on their sale, give rise to a substantial charge in capital gains tax. The accountant, it is alleged, should have advised… Read More >
Claims Consultants and legal professional privilege
March 2012Following the Walter Lilly & Company Ltd v Mackay and another decision for claims consultants and those who instruct them, the High Court has determined that legal professional or legal advice privilege does not extend to documents generated by claims consultants where they have been engaged to provide contractual and adjudication advice. In light of… Read More >
Approval for general scheme of Mediation Bill for Ireland
March 2012Following the publication of the Law Reform Commission report on “Alternative Dispute Resolution: Mediation and Conciliation” in late 2010 on Thursday 1 March last the Minister of Justice confirmed that he has secured the approval of the Government for the general scheme of a Mediation Bill.