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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Quarterly Case Review – August 2013
September 2013There have been some interesting cases over the last few months which are of particular significance to insurers working with the construction and professional practices sectors. The team at Beale and Company have summarised these recent cases in their most recent Quarterly Update.
Claims under collateral warranties
September 2013In her final column for Building, Rachel Barnes looks at a case that sheds some light on the thorny question of whether a claim under a collateral warranty can be referred to adjudication. It is now 15 years since the construction part of the Housing Grants, Construction and Regeneration Act 1996 came into force. It… Read More >
When will delay and want of prosecution result in strikeout of a plaintiff’s claims?
September 2013In a recent decision of Mr Justice Hogan in Casserly v. O’Connell, practising as O’Connell & Company Solicitors the court considered the basis on which a claim for professional negligence will be struck out for delay and want of prosecution. This decision involved a claim against a solicitor for failing to commence proceedings on behalf… Read More >
Reports from the Courts – August/September 2013
September 2013In our regular round up of court decisions Andrew Croft and Will Buckby report on a rare example of a partnering agreement coming under court scrutiny; and on a ruling that might encourage claimants to leave starting adjudications until the last possible moment.
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.
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.