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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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Global Vantage: International Bar Association Arbitration Committee’s Model Protocol For effective site visits during proceedings
November 2024In September 2024, the International Bar Association Arbitration Committee released a Site Visit Model Protocol (Model Protocol) aimed at providing a set of best practice rules for conducting site visits during international arbitration. Background Prepared by a working group comprising a diverse group of contributors, including lawyers, experts and arbitrators, the Model Protocol sets out… Read More >
Compensating for the increase in employer National Insurance contributions – the clock is ticking from the Autumn Budget!
November 2024How will the changes to employer National Insurance contributions be treated under standard form construction and engineering contracts? Introduction We have recently received several queries from the market in relation to the increase in employer National Insurance contributions (“NIC”) announced in the Chancellor’s Autumn 2024 Budget speech on 30 October 2024. The supply side of… Read More >
Entitlement to loss and expense under the JCT and SBCC standard forms – notify or else!
November 2024Lord Carloway, the Lord President of the Court of Session, has handed down his Opinion in the reclaiming motion (appeal) issued by FES Limited against HFD Construction Group Limited. The case dealt with the contractual interpretation of the notice provisions in clauses related to entitlement to loss and/or expense. The underlying contract was the Standard… Read More >
Complications in contribution claims
November 2024In Riedweg v HCC International Insurance plc & Ors [2024] EWHC 2805 the High Court has been asked to determine the unusual point of whether an insurer defendant to a Third Parties (Rights Against Insurers) Act 2010 claim could pursue contribution claims against third parties otherwise available to its insolvent policyholder. Giving judgment on the insurer’s… Read More >
Adjudication enforcement: indemnity costs and waiving rights to challenge
November 2024In Essential Living (Greenwich) Ltd v Conneely Facades Ltd [2024] EWHC 2629 (TCC), the court ruled on whether an adjudicator had breached the rules of natural justice, as alleged by the defendant. After concluding that there was no such breach, the court concentrated on the defendant’s conduct in the adjudication prior to deciding to award… Read More >
GRENFELL TOWER INQUIRY: PHASE 2 REPORT – WHY YOU SHOULDN’T ADOPT A CASUAL APPROACH TO CONTRACTING
November 2024The Grenfell Tower Inquiry’s Phase 2 Report was published in early September 2024 (the “Report”). Beale & Co’s article summarised the core findings and recommendations relevant to the construction and engineering sectors. This update considers the Report’s potential impact on future contracts. The importance of establishing clear contractual relationships Beale & Co’s earlier article delved… Read More >
Transforming Public Procurement: Our Vision for a Safer, More Inclusive, and Innovative Future
November 2024Introduction Some readers may be aware that the UK Government recently deferred the date of entry into force of the Procurement Act 2023 (“PA 23”) from 28 October 2024 to 24 February 2025. This was in order to allow the current Government the opportunity to consider revising National Procurement Policy Statement (NPPS), a statement which… Read More >
The Impact on D&O Insurers of the UK’s Economic Crime and Corporate Transparency Act and the ‘Failure to Prevent Fraud’ offence
November 2024The Failure to Prevent Fraud Offence The Economic Crime and Corporate Transparency Act 2023 (ECCTA) is the government’s latest effort to legislatively combat economic crime in the UK. The Act introduces, among other things, a new strict-liability corporate criminal offence of ‘failure to prevent fraud’, which seeks to hold organisations to account when they profit… Read More >
Decree in default determinative of policyholder’s liability under the Third Parties (Rights against Insurers) Act 2010
November 2024The recent decision of the Inner House of the Court of Session in Scotland Gas Network PLC v QBE UK Ltd and others [2024] CSIH 36 concerns claims brought against insurers under the Third Parties (Rights against Insurers) Act 2010 (Act) and considers the consequences for insurers where their policyholder has incurred a liability to… Read More >
UK environmental action continues – permission for Cumbrian coal mine quashed by the Court
November 2024Background The High Court’s ruling in the combined cases of Friends of the Earth Limited & Others (1) and South Lakeland Action on Climate Change – Towards Transition (2) v Secretary of State for Levelling Up, Housing and Communities, West Cumbria Mining Limited & Cumbria County Council [2024] EWHC 2349 (Admin) was handed down in… Read More >