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
December 2022Our regular round up of court decisions of most interest to construction from Andrew Croft and Ben Spannuth, analysing a judgment that highlights the importance of serving termination notices strictly in accordance with contractual requirements; and another that underlines the fundamental importance of proper service of a Notice of Adjudication. This was first published by… Read More >
Commencement of the Consumer Rights Act 2022 (Ireland)
December 2022A commencement order was made last week in respect of the Consumer Rights Act 2022. In this article, Sean O’Halloran and Tara Cosgrove provide a brief overview of the act and its significance for insurers. On 28 November 2022, a commencement order was made in respect of the Consumer Rights Act 2022 (‘CRA 2022’ or… Read More >
ARB publishes updated guidance on PII
December 2022On 1 November 2022, the ARB published some updated draft guidance on PII policies, setting out the insurance arrangements architects need in order to remain compliant with the Architect Code of Conduct. The guidance was updated to address the issues currently being faced by the UK’s architects in securing the insurance they need to protect… Read More >
Financial advisory firms steel themselves as pension redress scheme to come into effect
December 2022Firms which advised members to transfer out of the British Steel Pension Scheme (‘BSPS’) will soon have to undertake a review of the advice provided and offer redress where appropriate when the FCA’s new redress scheme is implemented early next year. At the end of November, the FCA issued Policy Statement PS22/144 ‘Consumer redress scheme… Read More >
REPORTS FROM THE COURTS
November 2022Our regular round up of court decisions of most interest to construction from Andrew Croft and Ben Spannuth include a rare example of NHBC’s arrangements with its approved contractors being tested in the courts; another case stands as a reminder to ensure that contracts are clear and unambiguous, especially when the works are divided into… Read More >
Publication of NEC/CLC Guidance on Retentions
November 2022On 15 November 2022, the Construction Leadership Council (“CLC”) and New Engineering Contract (“NEC”) published joint guidance to the construction industry (“the Guidance”) on how to minimise the use of retention funds in NEC works contracts. Beale & Co’s Andrew Croft was happy to contribute and be involved in developing the Guidance, which can be… Read More >
Legal Ombudsman reform: What changes are being made?
November 2022In February 2022, the Legal Ombudsman (“LeO”) undertook a thorough review of its Scheme Rules with the aim of improving the customer experience and tackling a vast backlog of complaints. On 28 October 2022, the LeO confirmed that its review had concluded with amended rules due to come into force on 1 April 2023. The… Read More >
Fraud – how to deal with a rogue partner or employee
November 2022A firm’s worst nightmare – an employee informs you that they think someone within the firm has been stealing from the firm and/or its clients by making unauthorised payments. An immediate response is required. But what is the best response to this situation, how should your firm investigate and what can you do to protect… Read More >
UK State Aid control and the Subsidy Advice Unit: A duty to ask but not to listen?
November 2022Introduction On 11 November, the UK Competition and Markets Association released its guidance note on how it will operate its functions under the Subsidy Control Act 2022 (“SCA”)[1]. The SCA received royal assent on 28 April 2022. The operative parts of the statute will take effect on 4 January 2023. The SCA is a critically… Read More >
A ray of light cast over the ‘dark art’: Considerations regarding delay analysis arising from Thomas Barnes & Sons plc v Blackburn with Darwen Borough Council
November 2022On 17 October 2022, the High Court handed down its decision in Thomas Barnes & Sons plc v Blackburn with Darwen Borough Council [2022] EWHC 2598 (TCC), which related to the construction of a bus station in Blackburn. The claimant, Thomas Barnes & Sons plc (in administration) (‘Thomas Barnes’) was the contractor employed by a… Read More >