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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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.
Knowing when the limits for legal action start
March 2012Under the law of limitation, there are time limits for commencing legal actions to pursue a civil claim. For an action in court or by way of arbitration to pursue a claim for fees, or for damages for breach of contract or for negligence, the time limit is generally six years. There are exceptions: for… Read More >
Administration of MJN Colston Limited
February 2012On 23 February 2012, national building services contractor MJN Colston Limited went into administration. The company is known for providing mechanical and engineering services for public and private sector clients. A number of MJN’s sub-consultants affected by the administration have contacted us. James Hutchinson gives you advice on the consequences of MJN’s administration.
Scope of the Solicitors Retainer: Lessons from Lynch
January 2012Bankers, solicitors and their professional indemnity insurers will have raised two cheers at the outcome of the Lynch case. Although the judgment did not raise any new points of law, it provides a general commentary on the scope of the solicitor’s retainer and duty of care.
Network Rail prosecution over Grayrigg Crash
January 2012Network Rail is facing criminal prosecution for breach of health and safety law in relation to the 2007 Virgin Trains Cumbrian rail crash at Grayrigg which killed one passenger.
The Health and Safety “Albatross”
January 2012The prime minister has declared “war against the excessive health and safety culture that has become an albatross around the neck of Bristish businesses”. Mr Cameron is also planning on meeting with Britain's leading insurance companies next month to investigate whether businesses are paying too much cover.