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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UK Government to drop Net Zero Strategy appeal
October 2022In July 2022, the High Court ruled that the UK government’s Net Zero Strategy (“NZS”) breached its obligations under the Climate Change Act 2008 (“CCA”). This case saw environmental groups, ClientEarth and Friends of the Earth UK, the Good Law Project (a non-profit organisation) and the environmental campaigner, Jo Wheatley successfully argue that the government’s… Read More >
Global Vantage: The Law Commission’s Review of the Arbitration Act 1996 – Should the Act be reformed?
October 2022In our Global Vantage article in February, we reported that the Law Commission had announced that it would be conducting a review of the Arbitration Act 1996. The Law Commission has now published its consultation paper on its review, which provides its provisional law reform proposals to amend and update the Act. This article highlights… Read More >
ARCHITECTS’ ROUNDTABLE – SEPTEMBER 2022
October 2022On 28 September, Beale & Co were delighted to host its latest Architects’ Roundtable for leading architectural practices. The roundtable provided an opportunity for architects to share their experience on the key issues, some new and some prevailing, that are affecting the industry and to discuss the challenges of today and the future. The roundtable… Read More >
Global Vantage: Function over form, an arbitration appointment tale
October 2022In ARI v WXJ [2022] EWHC 1543 (Comm), the High Court was asked to consider whether an arbitrator had been validly appointed, in the absence of concluded contract regarding their appointment. The Court took a commercial approach, finding that where: there had been a clear and unconditional communication of acceptance of the appointment by the… Read More >
Russia sanctions: Government has engineering and architectural services in its sights
October 2022Introduction On 30 September 2022, the UK Government announced an additional package of sanctions against Russian aggression in Ukraine. Alongside an expansion of the list of designated persons, the Government also put forward prohibitions on the provision of architectural, engineering and IT consultancy services to Russia, as well as transactional legal services. The move has… Read More >
Has the dam burst? The potential impact of the English Courts’ decision to hear the claims arising out of the Fundão mining disaster.
October 2022In a surprise development for multinational corporations operating in the United Kingdom, we recently saw the Court of Appeal of England and Wales allow the Claimants’ appeal against a decision to strike out a claim on the basis of an abuse of process, emanating from the Fundão tailings dam disaster. The decision highlights the English… Read More >
Enforcement of English Court Judgments in the UAE
September 2022The ability to enforce judgements issued by English Courts in the UAE, has now been confirmed in a recent directive issued by the United Arab Emirates Ministry of Justice on 13 September 2022 (the “Directive”), under the principle of reciprocity. The Legislation The starting point for the enforcement of a foreign judgment in the United… Read More >
reports from the courts
September 2022Our latest update on the court decisions of most interest to construction Andrew Croft and Ben Spannuth examine a case that underlines the importance of objectively clear and unambiguous Pay Less notices; and one that summarises the test that the court will consider when determining applications for freezing injunctions. This was first published by Construction… Read More >
Delivering Excellent Public Works in a Modern Day World: Update to Construction Playbook (September 2022)
September 2022The Government’s Construction Playbook, first published on 8 December 2020, sets out how the public sector can get projects and programmes right from the start, building social value into the foundations of the public procurement processes. We are set to see up to £31 billion of contracts across economic and social infrastructure being brought to… Read More >
The Health & Safety Authority Annual Report 2021 – a summary for the construction sector
September 2022INTRODUCTION In June 2022 the Health & Safety Authority (“HSA”) published its annual report for 2021 (“the Report”) to Damien English TD, Minister of State for Business, Employment and Retail. The HSA is the Irish statutory body responsible for ensuring protection from work-related injury and illness. In its annual reports, the HSA analyses emerging trends… Read More >