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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CLC COVID-19 Task Force: Contractual / Commercial Workstream
May 2020The Construction Leadership Council’s Government supported COVID-19 Contractual Best Practice guidance has been published today, alongside a Cabinet office publication, the COVID-19 Responsible Contract Behaviour Note. Andrew Croft, Senior Associate at Beale & Co, has been part of the working group responsible for the drafting of this guidance and as a Firm we are proud… Read More >
Aggregation or Abdication? SRA Compensation Fund proposals rejected by the LSCP
April 2020The SRA’s 21 January 2020 consultation on the Compensation Fund has ended. The SRA’s proposals included a number of wide reaching changes in the operation of the fund, including applying an aggregate limit to the value of claims linked to any one ‘scheme’ and restricting the maximum recoverable amount to £500,000. Restrictions are also proposed… Read More >
Global Vantage: It's good to talk
April 2020Construction contracts almost always contain Notice provisions, which require one party to notify the other, or a third party, when certain circumstances arise. Compliance with Notice clauses is vital to ensure that both parties have sufficient time to consider and react to the events that have taken place. Given the impact that the on-going Coronavirus… Read More >
Municipio De Mariana and others v BHP Group plc [2020] EWHC 928 (TCC) (20 April 2020)
April 2020The Technology and Construction Court (“TCC”) has allowed an extension of time for the service of evidence as a result of difficulties faced by a party in providing factual and expert evidence in accordance with the procedural timetable due to the COVID-19 outbreak. This is despite the extension requiring the adjournment of a significant hearing,… Read More >
Consumer Insurance Contracts Act 2019 – Summary of changes
April 2020The Irish Consumer Insurance Contracts Act 2019 (the “Act”) was signed into law on 26 December 2019. No date has been set for commencement of the Act. However, the Department of Finance expect that a commencement order will be signed shortly after the new government has taken office. In this note, Tara Cosgrove and Sean… Read More >
How to deal with Standstill Agreements
April 2020Standstill Agreements are useful tools to allow the delay of the issue of proceedings and to save costs. Standstills are also fraught with potholes for the unwary. In this article, Stephen Reilly and Kiran Gill list Beale & Co’s top tips for agreeing a Standstill to extend the limitation period. To read the full article,… Read More >
Global Vantage: Comparing Government support for construction businesses during the Coronavirus
April 2020Construction is expected to be one of the industries hit hardest by the coronavirus outbreak. With working from home simply not an option for many in the sector, some businesses are struggling to cope as ‘lockdown’ measures see work on sites grind to a halt. In response, Governments around the globe have rushed to introduce… Read More >
COVID-19: FCA Sends Message to Insurers on Business Interruption Cover
April 2020Earlier this month, we considered the decision handed down by the Canadian Courts in the case of MDS Inc v Factory Mutual Insurance Company. In this case, the Court adopted an interpretation of physical damage which suggested that losses caused by and/or arising out of COVID-19 are recoverable by insureds under their business interruption cover.… Read More >
Defence Litigation amidst COVID-19 – Emerging Trends in the Irish Jurisdiction
April 2020For most businesses, the current pandemic crisis has dealt a fierce blow to business as usual activities for employers, employees, clients, service providers and service users. In this article Pauline Taaffe and Emma Kelly explain the practical consequences of COVID-19 for the provision of legal services in Ireland and discuss a number of claimant behavioural… Read More >
Public Procurement and Coronavirus – Government Issues Guidance Notes for Construction Contracts
April 2020The UK Government has issued a number of Procurement Policy Notes that seek to respond to the coronavirus (COVID-19) outbreak. The first contained general advice for public bodies to enable them to procure goods, services and works with extreme urgency (PPN 01/20), the second (PPN 02/20) addressed payment of suppliers to ensure service continuity and… Read More >