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 – May 2021
May 2021Andrew Croft and Ben Spannuth of Beale & Company Solicitors LLP review the latest court cases of most interest to construction, including one highlighting that where appropriate, the courts will enforce adjudication decisions notwithstanding an exclusive jurisdiction clause; and a Scottish court decision which while not binding in England provides a reminder that the courts… Read More >
Building a Safer Future: Unamended Fire Safety Bill to become law
May 2021The Fire Safety Bill has passed through Parliament following a long-running debate over who pays the costs of cladding remediation works and other fire prevention measures. The House of Lords sought to include a proposal which would prevent remediation costs for fire safety deficiencies being passed on to leaseholders. However, the House of Lord’s motion… Read More >
Service: Late with no smile
April 2021The recent case of Boxwood Leisure Limited v Gleeson Construction Services Limited and M J Gleeson Group Limited, saw the TCC consider Boxwood’s relief from sanctions application following late service of its Claim Form. This case is a stark reminder of the pitfalls of getting service wrong and the severe consequences that will likely ensue.… Read More >
Global Vantage: UKSC considers the relationship between a UK-domiciled parent company and its foreign subsidiary
April 2021On 12 February 2021, the UK Supreme Court (“UKSC”) handed down its judgment in Okpabi and others v Royal Dutch Shell Plc and another [2021] UKSC 3. The decision, which concerned two sets of proceedings brought by representatives of the Ogale and Bille communities of Rivers State, Nigeria (the “Appellants”), provides important guidance as to… Read More >
How much are personal data breach claims really worth?
April 2021With mass personal data breaches now frequent news and a key impending Supreme Court case set to consider the parameters of class action-style claims for compensation for such breaches, Andrew Jones considers how much compensation affected individuals can realistically look to recover for personal data breaches and what the future may bring. In May 2021,… Read More >
Lacrosse Tower – Cladding Developments Down Under
April 2021Tanah Merah Vic Pty Ltd v Owners’ Corporation No 1 [2021] VSCA 72 On 26 March 2021, Victoria’s Supreme Court of Appeal (“VCoA”) handed down judgment on an application seeking leave to appeal the Lacrosse Tower decision. As readers may recall, the first instance decision, which we discuss in detail here and summarise below, found… Read More >
Reports from the Courts – April 2021
April 2021The regular round up of the key court decisions affecting construction comes from Andrew Croft and Ben Spannuth. In one case the court overturned an application for summary judgment seeking enforcement of an adjudicator’s decision; in another the court dismissed a council’s challenge to an enforcement.
Global Vantage: Building Back Greener – ESG in the Construction Industry
April 2021Efforts to combat environmental, social and governance issues on infrastructure projects are receiving more attention than ever before. Antony Smith and Sheena Sood consider the impact of these ESG initiatives on the construction industry in our latest Global Vantage article. Last April, we asked whether the post-Covid world would be ‘more accepting’ of the Equator… Read More >
Personal Injuries Guidelines: Update re Implementation and Application
April 2021Following on from the adoption of the Personal Injuries Guidelines by the Judicial Council on 6 March 2021, further clarification in relation to the implementation and application of the Guidelines has now been provided by way of Section 30 of the Family Leave and Miscellaneous Provisions Bill, 2021. The Personal Injuries Guidelines (“the Guidelines”), prepared… Read More >
Don’t be too helpful! – Beware Assumption of Responsibility
March 2021The recent case of Multiplex Construction Europe Ltd v Bathgate Realisations Civil Engineering Ltd & Ors, saw the TCC consider whether a professional appointed by a sub-contractor owed a duty of care to the main contractor. Construction professionals will note that, as is often the case in large scale projects involving several parties and a… Read More >