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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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On Site Distancing Rules Revised
July 2020Workers on English construction sites can now stay one metre apart with risk mitigation measures, in circumstances where physical distancing of two metres is not viable, according to updated Site Operating Procedures. In this article, Beale & Co partner Michael Salau provides comment on the new distancing measures and the impact on construction sites. This… Read More >
Data Breach Class Actions – are the Barbarian UK Plaintiff Bar at Insurers' gates?
July 2020USA data breach class actions are commonplace. However, the increasing use of class action type Court procedures combined with hungry third party litigation funders means that similar claims are now on the increase on this side of the Atlantic. In this article, Andrew Jones and James Hughes look at the relevant Court procedures and the… Read More >
Carillion v KPMG: Court provides guidance on Pre-Action Disclosure in Auditor's Negligence Claim
July 2020In a recent judgment, the High Court saw an application made by the liquidated company, Carillion, against its former auditors, KPMG, for pre-action disclosure. This was in the context of a threatened claim for professional negligence relating to KPMG allegedly failing to detect that certain financial statements were unreliable, and the application was made with… Read More >
Essex County Council v UBB Waste (Essex) Limited 2020 EWHC 1581 (TCC)
July 2020The TCC recently issued its judgment following a six-week trial heard before Mr Justice Pepperall last year. The judgment has widespread implications as it entitles Essex County Council to terminate a PFI contract worth approximately £800m. In this article, Antony Smith and Emily Hunt provide a background of this case, the decision and also how… Read More >
Essex County Council v UBB Waste (Essex) Limited 2020 (EWHC 1581 (TCC))
June 2020The TCC recently issued its judgment following a six-week trial heard before Mrs Justice Pepperall last year. The judgment has widespread implications as it entitles Essex County Council to terminate a PFI contract worth approximately £800m. The case also provides useful guidance on the implied duty of good faith and it also stresses the importance… Read More >
Global Vantage: Risk Transfer on Construction Projects in the wake of the Coronavirus Pandemic
June 2020Construction projects carry inherent risks, and the allocation and management of these risks is often a key area of contention when negotiating international construction contracts. With Covid-19 only serving to accelerate the hardening of the global insurance market, proper risk management is more important than ever. Many construction companies now face the unenviable prospect of… Read More >
COVID-19: Law Society’s guidance on the use of virtual execution and e-signatures
June 2020Background The Law Society has recognised the current pandemic and social distancing rules has increased the need for solicitors and clients to be able to close deals without being face to face. This has led to an increase in the use of virtual executions and the use of e-signatures as a practical means for completing… Read More >
Muhammad Tayyad v Rilta Environmental Limited [2020] IEHC 251
June 2020In a recent decision, the High Court confirmed the position in relation to section 12 of the Personal Injuries Assessment Board Act 2003 (‘the PIAB Act’) and the preservation of evidence thereunder. The issue addressed concerned the extent of the Court’s jurisdiction to make an order for the preservation of evidence in relation to personal… Read More >
Update on UK Government Furlough Scheme
June 2020The Government scheme which has, since 1 March 2020, benefited over a million UK businesses who have made claims under the scheme, at a cost so far of £17.5 billion, helping 8.7million remain in work on furlough, is going to go through some significant changes. The scheme, which was originally set up for 3 months… Read More >
Insolvent Companies and Adjudication: Bresco Services Limited v Michael J Lonsdale [2020] UKSC 25
June 2020The much-anticipated Supreme Court decision in Bresco Electrical Services Ltd v Michael J Lonsdale (Electrical) Ltd [2020] has now been handed down. After the Court of Appeal decision in Bresco and subsequent decisions, adjudication by an insolvent company was not impossible, but it was certainly not available by default. The Supreme Court judgment in Bresco… Read More >