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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Water Companies May Face Unlimited Fines Under Government’s Plan For Water
The Department for Environment, Food & Rural Affairs (“DEFRA”) has recently announced the Government’s new Plan for Water which aims to deliver a healthy water environment and a sustainable supply of water for people, businesses and nature. DEFRA have stated that pollution in rivers has significantly reduced from 1990 and there is now 80% less… Read More >
REPORTS FROM THE COURTS
Our regular round up of the court cases of most interest to construction comes from Andrew Croft and Ben Spannuth who examine the decision in an appeal that emphasises the need for parties to either raise issues in respect of the validity of payment applications/payment notices or to reserve their positions without delay; and another… Read More >
Practical Tips to Limit Risks of Subcontractor Insolvency
Life is becoming increasingly difficult for subcontractors and we are seeing time and time again how these difficulties are impacting on the successful delivery of projects across the Middle East. The rising costs of construction caused by inflation and supply chain disruptions has led to a squeeze on subcontractor margins. This, coupled with liquidity constraints… Read More >
Workplace culture and the tightening of legal regulation
In February 2022, the SRA published its Workplace Culture Thematic Review which sets out the SRA’s expectations in terms of workplace culture within law firms. The focus is on supporting employees’ wellbeing in the workplace by setting standards that apply to law firms and those responsible for a law firm’s culture and the systems in… Read More >
Let’s do this together – Collaborative Contracting
The Canadian P3 (public private partnership) is a project delivery model that is utilised for public projects with a capital cost greater than $100 million or projects that involve complex factors and significant risk. The delivery and outcomes of P3 projects have been the subject of fairly critical articles and opinions in recent press, with… Read More >
IStructE Circular economy and reuse: guidance for designers
In late spring/early summer 2023 the Institution of Structural Engineers are to publish their new guidance focusing on the circular economy (an economic model based on the tenets of reuse, refurbish and recycle) in part to help answer the problem of climate change. The guidance is split into four parts and provides engineers, designers and… Read More >
Directors of McDonalds manage to dismiss claim for breach of oversight duties
Whilst there has often been a focus on the E in ESG related risks, it is arguable that the most pervasive theme in ESG-related matters is the social limb, and particularly how companies treat their employees and foster an inclusive culture. A recent decision in the Chancery Court of Delaware, shows that in certain circumstances… Read More >
UK Government still “committed to delivering” HS2, yet will “rephase construction” of Phase 2a by 2 years
In the wake of the UK Government’s announcement last week that HS2 will be further delayed for financial reasons, Antony Smith, Andrew Croft and Ben Couldrey discuss the contractual implications and recommendations for businesses currently engaged (or those considering future engagement) on the high-profile scheme. In November last year, Beale and Co released an article… Read More >
ClientEarth takes Shell’s Board of Directors to Court
We have previously commented on ClientEarth announcing that it had submitted a Letter Before Action against Shell’s 13 Directors for failing to implement a suitable strategy in accordance with the Paris Agreement which seeks to reduce the World’s reliance on fossil fuels. On 9 February 2023, ClientEarth issued proceedings against the now 11 Directors of… Read More >
CMA joins the global enforcement trend to advise employers on how to avoid anti-competition behaviour
Introduction Recent initiatives by competition law authorities have increasingly focused on activities with regard to employment practices. The US has led the way in this regard. In July 2021, President Biden published executive order, “Promoting Competition in the American Economy,” which committed the Department of Justice (DOJ) and the Department of Labour to exchanging information… Read More >