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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Global Vantage: The difficulties in obtaining performance bonds during the coronavirus pandemic and the hardening market

Performance bonds help to provide clients with the assurance that should things go wrong, work on their project will still be financially viable. Obligations to provide performance bonds are more common than ever in international construction contracts, with the rising scale and complexity of the such projects requiring clients to carefully manage their exposure to… Read More >
Winding Down Your Architecture Practice: Key Considerations

Beale & Co are frequently approached by architects looking to wind down their practices, because either (i) they want to retire, (ii) they want to close down because of economic uncertainty, or (iii) they simply do not want to carry on with their practice and they will gain little value in selling it. In this… Read More >
Case Review: Saunders v Irish Life plc

In this article, Tara Cosgrove, Seán O’Halloran and Conor Williams review the judgment of the Irish High Court in Saunders v Irish Life, which was delivered on 24 June. The plaintiff had jointly taken out a life assurance policy with her partner two years before the death of her partner. However, the defendant insurer declined… Read More >
Reports from the courts – August 2020

Our regular round up of the cases of most interest to construction comes from Andrew Croft and Ben Spannuth of Beale & Company Solicitors LLP, focusing on one that underlines the courts’ reluctance to support challenges to the jurisdiction of adjudicators; and another that reinforces the position that ‘the prevention principle is not an overriding rule of public… Read More >
Form EWS1 – a better solution needs to be found

Will Buckby LLB MCICHT Solicitor and Ian Masser of Beale & Co warn consultants that they should avoid Form EWS1 – designed to provide assurance that a high rise building is fire safety compliant – which imposes unlimited liability on them. Professional indemnity insurance could be compromised by its use, they advise. This article was first published in… Read More >
Furloughed employees to receive full redundancy payments

On 31 July 2020, new law came into force which changed the way redundancy pay is to be calculated for furloughed employees. In this article, Michael Archer and Emily Hunt discuss this recent change to the law and what it means for furloughed employees and their employers.
Global Vantage: London Court of International Arbitration issues updated rule-set

On 11 August 2020, the London Court of International Arbitration (‘LCIA’) published its latest updates to the LCIA Arbitration Rules and LCIA Mediation Rules (the ‘LCIA Rules 2020’). The LCIA has stated these updates, due to take effect on 1 October 2020, aim to make its arbitral and mediation processes more streamlined and clear. With… Read More >
ISO 19650 Information Protocol Explained

A new version of the BIM Protocol was in May, the Centre for Digital Built Britain, the UK BIM Alliance and the Construction Industry, co-authored by Andrew Croft, Senior Associate, alongside May Winfield, Associate Director at Buro Happold and Simon Lewis, Partner at Womble Bond Dickinson The new Information Protocol updated the CIC Protocol Second Edition… Read More >
New Central Bank of Ireland’s Covid-19 and Business Interruption Insurance Supervisory Framework

Beale & Co have closely monitored the Irish and UK’s insurance industry’s approach to dealing with policy response for Covid-19 related losses under Business Interruption (“BI”) policies and are instructed in a number of matters. The Central Bank of Ireland has in recent days published its Supervisory Framework in respect of Business Interruption Insurance. In… Read More >
Residential Leasehold Reforms announced

Currently, in England and Wales, properties are most often owned as either freehold or leasehold. But this arrangement has been exploited over the years, with tenants often having to endure highly onerous leasehold obligations. The Law Commission has just published proposals for reform of this system, re-introducing the concept of ‘commonhold’ property ownership in an… Read More >