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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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“Please OIA, may I have some compensation…?” Review of complaints received by the Office of the Independent Adjudicator for Higher Education (OIA by students seeking compensation for lost teaching due to COVID-19
In our October article entitled “COVID-19 – Its Impact on the new Academic year”, we predicted that there would be a rise in claims against Higher Education establishments for refunds of fees or compensation following lost teaching time and lack of resources attributable to Covid-19. We are now over half-way through the 2020/21 academic year… Read More >
RICS Proposes Guidance Note in relation to Form EWS1
RICS has proposed a new guidance note on “Valuation of properties in multi-storey, multi-occupancy residential buildings with cladding”. Background The Government had announced on 21 November 2020 that “owners of flats in buildings without cladding will no longer need an EWS1 form to sell or re-mortgage their property”, however these forms continue to be requested… Read More >
Health & Safety in Ireland Update – The HSA Annual Review and Recent Enforcement Proceedings
In December 2020, the Health and Safety Authority (“HSA”) published its Annual Review of Workplace Injury, Illness and Fatality Statistics (the “Review”). The Review details the incidence of occupational death, illness and injury in the workplace in Ireland and is a useful indicator of the continuing and emerging trends in health and safety matters in… Read More >
European Commission publishes draft adequacy decision permitting data flows from EU to UK
The European Commission has published a draft decision on the adequacy of the UK’s law and practice on personal data protection. If adopted this will allow for the continued free flow of personal data from the EU to the UK. To be clear this only affects the flow of data from the EU to the… Read More >
Virtual Architects’ Roundtable – February 2021
On 9 February, Beale & Co were delighted to host its latest Architects’ Roundtable for professionals in the industry. With the continuing COVID-19 circumstances, this was second Architects’ Roundtable to be held virtually. The roundtable provided an opportunity for architects to reflect on the key issues, some new and some prevailing, that are affecting the… Read More >
Out with the old, in with the new – UK takes first step towards joining the CPTPP
On 1 February 2021, the UK Government announced that it had submitted a notification of intent letter (the “Letter”) to the Minister of Trade in New Zealand, signifying its intention to commence the process of accession to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (“CPTPP”). The CPTPP is a free-trade agreement which came into… Read More >
Martlet Homes Limited v Mulalley & Co Limited [2021] EWHC 295 (TCC)
In the recent case of Martlet Homes Limited v Mulalley & Co. Limited, the Court considered an application to strike out on the basis that the Claimant had raised a new claim by way of its Reply. It also considered the Claimant’s request to amend its Particulars of Claim, despite the expiry of the relevant… Read More >
Construction Law: Prolongation and fair recourse for consultants
Will Buckby argues that many bespoke consultancy appointments are unacceptably harsh in the way they treat claims resulting from prolongation or delay outside of the consultant’s control. Consultants should take a robust stance to negotiate appropriate clauses within their appointments entitling them to additional fees and extensions of time in the event of prolongation or… Read More >
Reverse into it: new VAT rules for the construction industry
The domestic VAT reverse charge for supplies of building and construction services is due to come into force in the UK on 1 March 2021 and will change the way in which VAT needs to be controlled by some businesses in the construction industry. In this article, we will discuss the application of the new… Read More >
Last Orders: Will the FBD ‘test cases’ be the last word on business interruption claims?
The decision of the High Court in Hyper Trust Limited t/a The Leopardstown Inn & Others – v – FBD Insurance plc may have drawn a line under the impacted pubs’ disputes but the question remains as to the wider effect of the judgment, to include the criteria to be applied in the assessment of… Read More >