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.
Article Search
Archives: Articles
Legal Review of 2010
January 2011Beale and Company's Legal Review of 2010 which looks back at some of the significant cases of the year.
Cause for concern for surveyors of buy-to-let properties?
December 2010Scullion v Bank of Scotland plc (t/a Colleys) In Smith v Bush 1990, the House of Lords established that a surveyor valuing a “dwelling house of modest value” for a building society or local authority could owe a duty of care to the purchaser of the property if the surveyor was aware that there was… Read More >
Mediation and Conciliation in Ireland
November 2010Changes to the Rules of the Superior Courts Mediation and other forms of Alternative Dispute Resolution (“ADR”) offer a relatively quick and speedy method of resolving disputes when compared to the alternatives of litigation and arbitration. Mediation and conciliation are now commonly seen in the dispute resolution provisions of professional appointments and other standard form… Read More >
No Privilege for Accountants
October 2010The Court of Appeal has confirmed that advice given by an accountant is not protected by legal professional privilege. Joe Eizenberg and Scott Ashby provide details of what this decision means for accountants. Location: UK
Solicitors’ Professional Indemnity Insurance Minimum Terms: Re-Introduction of Assigned Risks Pool
October 2010Last year the Assigned Risks Pool in Ireland was suspended. The intention at the time was to make the market more attractive for existing insurers and potential new entrants. Following discussions between the Law Society and insurers, the Assigned Risks Pool (‘ARP') is to be reinstated in slightly restricted form as from 1 December 2010.… Read More >
Revised TCC Guide
October 2010A revised Technology and Construction Court (“TCC”) Guide came into effect on 1 October 2010. Nick Gillies provides an overview of the revisions. Location: UK
Irish Procedure – Lodgments and Tenders
September 2010This article summarises aspects of the Irish rules of Court on making lodgements and tenders and sets out some of the drawbacks with this procedure as compared to equivalent procedures under the English Civil Procedure Rules. Location: Ireland
Solicitors Undertakings and Commercial Property Transactions
September 2010We wrote last year about changes to the Irish Minimum Terms for solicitors' professional indemnity insurance for the year commencing 1 December 2009. The Law Society has now gone one step further and (subject to a de minimis exception) the provision of undertakings to lenders in commercial property transactions will in future be prohibited. The… Read More >
A New Legal Ombudsman
September 2010A new regime called the Legal Ombudsman (“LeO”) will replace the Legal Complaints Service on 6 October 2010. The LeO will be responsible for dealing with complaints against lawyers. According to the LeO, this marks the beginning of a very different approach to complaints handing. Joe Eizenberg and Rhian Howell provide more details in the… Read More >
The Court's New E-Disclosure Requirements
September 2010From 1 October 2010 all new proceedings will be subject to more rigorous e-disclosure requirements. There is a new Practice Direction (PD31B) and questionnaire dedicated to e-disclosure, and specific e-disclosure questions have been added to the Allocation Questionnaire. Overall there is greater emphasis on agreeing the scope and extent of e-disclosure early, with more prescriptive… Read More >