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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Reports from the courts – August 2020
August 2020Our 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
August 2020Will 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
August 2020On 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
August 2020On 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
August 2020A 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
August 2020Beale & 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
August 2020Currently, 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 >
The risks of claims against Solicitors regarding expert evidence
August 2020Expert evidence can make or break a party’s case at trial. Andrew Jones and Joe Bryant look at three recent Court decisions where the parties got it wrong and consider the risks to solicitors acting in litigation regarding expert evidence. To read the full article, please click on the link below.
Building a Safer Future? Draft Building Safety Bill
July 2020On 20 July 2020 the UK Government published the long awaited draft Building Safety Bill (“the Draft Bill”), setting out proposals for reform of the regulatory regime for building fire and safety in England. In this article, Nathan Modell and Courtney Clark discuss some of the changes introduced by the Draft Bill and how this… Read More >
Closing thoughts on the FCA's Business Interruption Test Case
July 2020It has been very interesting watching the FCA’s business interruption litigation playing out in the High Court this week. Whilst arguments have been made across every aspect of the various policy wordings that are under scrutiny, the key battleground has been causation; did the closure of policyholders’ premises cause their losses, or would those losses… Read More >