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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Introduction to Beale & Co’s Beyond Net Zero Series
August 2021In November 2021, Glasgow will host the 26th meeting of the United Nations Climate Change Conference of Parties, better known as “COP26”. Following the publication of the first part of the Intergovernmental Panel on Climate Change (IPCC)’s Sixth Assessment Report on the 9th August 2021 in what is undoubtedly the biggest challenge facing our generation,… Read More >
Right to Adjudicate under a Collateral Warranty – Toppan Holdings Limited and Abbey Healthcare (Mill Hill) Limited v Simply Construct (UK) LLP
August 2021In Toppan Holdings Limited (‘Toppan’) and Abbey Healthcare (Mill Hill) Limited (‘Abbey’) v Simply Construct (UK) LLP (‘Simply’) [2021] EWHC 2110 (TCC), the TCC declined to enforce an adjudicator’s decision due to finding that the collateral warranty in issue was not a construction contract, and so the Adjudicator had no jurisdiction to decide the dispute.… Read More >
CIC publishes Novation Agreement – Switch and related collateral warranty
August 2021The Construction Industry Council (CIC) has announced the publication of the remaining novation agreement and related collateral warranty: Novation Agreement – Switch (second edition) Collateral Warranty Consultant – Employer: Switch (first edition) These industry-standard documents, which may be used by consultants of any discipline, balance the interests of clients and consultants to ensure they are… Read More >
How does the UAE’s new Mediation Law affect you?
August 2021Mediation is a voluntary process that parties can agree to settle their dispute away from the constraints of Court or Arbitration. It allows parties a greater flexibility to settle a case by focussing on commercial aspects of the dispute rather than the legal issues. We have vast experience in representing clients in mediations and have… Read More >
All businesses face the growing threat of climate change litigation
July 2021This month’s extreme floods in Germany, Belgium and now China have once more brought sharply into focus the issue of climate change and the growing global acknowledgment that there is a climate crisis. We are sure we would all acknowledge that previously scientists have been hesitant in linking extreme weather events with climate change but… Read More >
General Dynamics United Kingdom Ltd v State of Libya [2021] UKSC 22
July 2021On 25 June 2021, the UK’s Supreme Court published its decision in General Dynamics United Kingdom Ltd v State of Libya [2021] UKSC 22. Antony Smith and James Hughes consider the impact that this judgment could have on contractors / consultants doing business in countries with a history of civil and political unrest in our… Read More >
Procurement in a changing climate: Government requires carbon reduction plans from bidders
July 2021On 5 June 2021, the UK Government issued a Procurement Policy Notice[1] which will require tenderers for public contracts with a value above £5 million to demonstrate how they will act to reduce their carbon emissions. The PPN is intended to take effect from 30 September 2021. Public procurement is a useful lever to help… Read More >
Record £90 million fine sends a message to all polluters!
July 2021Recent comments by the Courts suggest that in respect of large companies, sentencing guidelines need to be reviewed in order to provide stiffer sentences. Irrespective of any proposed changes, last Friday, Southern Water received a £90 million fine for thousands of illegal discharges of sewage which polluted areas of Kent, Hampshire and Sussex. The £90… Read More >
Global Vantage: The Perfect Storm – Construction Supply Chains Struggling to Meet Demand
July 2021Global construction supply chains are facing unprecedented levels of demand in response to the gradual easing of coronavirus restrictions around the globe. However, shortages in raw materials combined with lingering logistical concerns mean that many suppliers are struggling to stay on-top of their order books. This dwindling availability is driving resource prices upwards and causing… Read More >
Recoverable Benefits and Consent Orders: Matthews – v – Eircom [2021] IEHC 456
July 2021In a potentially consequential decision – and in direct response to an ex tempore judgement of Mr. Justice Twomey delivered in relation to two High Court cases on 29 June 2021[1] – Mr. Justice Kevin Cross on Friday, 2 July 2021 delivered what is understood to be the first formal written judgment dealing with the… Read More >