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Expert Witness’ Immunity Abolished
April 2011In a landmark decision handed down on 30 March 2011, a majority of the Supreme Court has decided that the immunity from suit for breach of duty enjoyed by expert witnesses instructed in legal proceedings, which dates back over 400 years, should be abolished. Joe Eizenberg and Kristina Vongas highlight the implications of the decision.… Read More >
Scope of quantity surveyor’s duty of care when valuing construction works – Dhamija & Anr v Sunningdale Joineries Ltd & Ors
March 2011In the case of Dhamija & Anr v Sunningdale Joineries Ltd & Ors [2010] EWHC 2396 (TCC) the TCC considered whether a quantity surveyor owed a duty to only value work that had been properly executed by the contractor and was not obviously defective. The TCC refused to imply such a positive obligation on the… Read More >
Fines Imposed by the OFT Dramatically Slashed by the Competition Appeals Tribunal
March 2011In a landmark ruling by the Competition Appeals Tribunal (CAT), heavy fines imposed for cover pricing by the Office of Fair Trading (OFT) in 2009, have been significantly reduced. In its judgment, the CAT has cited proportionality among the reasons for its decision to reduce the penalties affecting a number of contractors, many of whom… Read More >
Crisis in Libya
February 2011Press reports over the weekend have reported on widespread anti-government protests taking place across Libya which have now spread to the capital Tripoli. This could result in a key market for British construction expertise turning into a financial and legal catastrophe. James Hutchinson provides some guidance on mitigating risks for constructions firms who are active… Read More >
Robinson v Jones
February 2011The case of Robinson v P E Jones (Contractors) Limited decided on 18 January this year considered the question of whether a claim in tort for negligence as well as a claim for breach of contract could be brought against contractors and highlights the different time limits for each type of claim. Its findings are… Read More >
Guidance on preventing bribery (Bribery Act 2010)
January 2011On 14 September 2010 The Ministry of Justice (“MOJ”) released a ‘Consultation on guidance about commercial organisations preventing bribery.' The consultation closed for public comment on 8 November 2010, with final guidance to be published early in 2011. The draft Guidance produced by the MOJ is not as extensive or definitive as many would have… Read More >
Law Reform Commission Report on Alternative Dispute Resolution
January 2011The Irish Law Reform Commission recently published a Report entitled “Alternative Dispute Resolution: Mediation and Conciliation”. The Law Reform Commission acknowledges the advantages of mediation and conciliation and has recommended that it be placed on a statutory footing to provide a clear framework for medaition and conciliation. Tara Cosgrove and Sean Carr have written a… Read More >
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 >