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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Construction MA – Review of 2018
January 2019Last year saw significant corporate and M&A activity in the construction sector. There was the negative impact of the collapse of Carillion, but also positive M&A Activity. 2019 looks like it will be a busy year with continuing uncertainty over Brexit, increased interest from overseas buyers and with succession planning an ongoing driver for deal… Read More >
New Disclosure Rules in Effect from 1 January 2019
January 2019On 1 January 2019, a new set of Disclosure rules came into effect in the Business and Property Courts of England and Wales, notably this includes the Technology and Construction Court. In this article, Ian Masser and David Murphy discuss these new rules, and the effect they will have on matters for the next two… Read More >
Document Retention under the GDPR and the Data Protection Act 2018
December 2018The Data Protection Act 2018 came into force on 25 May 2018. It implements the General Data Protection Regulations as well as, supplementing and bolstering it. In this article, James Hutchinson explains how document retention has changed due to this new legislation, and what it means for policy standards and data sharing in the future.… Read More >
Public procurement – power to compel disclosure of tender documents
December 2018In this article, James Hutchinson & Kevin Henderson review a recent Technology and Construction Court decision on disclosing confidential procurement documents. This case serves as a reminder of the courts’ wide discretion to compel disclosure, and provides lawyers and industry experts alike the opportunity to reflect on the importance of confidentiality in the procurement process.… Read More >
Ever been zugzwanged? What chess can teach us about litigation
December 2018Following the exciting climax to the recent FIDE world chess championship in London between Magnus Carlson and Fabiano Caruana, partner, Giles Tagg, writes about how the stratagems in chess and the terms of art involved feed directly into how one might think about litigation and, even, dispute resolution. Please click on the link below to… Read More >
Turf wars – scoping the limitations of a professional’s obligations when working for free
December 2018This article considers the matter of Burgess & Anor v Lejonvarn [2018] EWHC which followed the Court of Appeal decision in 2017 confirming that a duty of care could arise where professional assistance was provided free of charge (Formal Borders? Landscaping the Duty of Care in the absence of contract). A £200,000 claim for negligence was made… Read More >
Marriott suffers data breach affecting 500 million guests
November 2018Marriott has announced it has suffered a security incident affecting approximately 500 million guests who made a reservation at a Starwood Property. James Hutchinson, a Partner at Beale & Co specialising in data protection comments on this breach and the consequences Marriott will have once the ICO start their investigations. To read the full article,… Read More >
Reports from the Courts
November 2018Our regular round up of cases from the courts comes from Andrew Croft and Ben Spannuth, focusing on an appeal court decision with implications for extensions of time; and a Northern Ireland court ruling on a dispute concerning a net contribution clause. To read the full article, please click on the link below.
A brave new world for interim payments?
November 2018In S&T (UK) Limited v Grove Developments Limited [2018] EWCA Civ 2448, the Court of Appeal has confirmed the TCC’s decision on the right of an Employer who fails to provide a Payment Notice or Pay Less Notice to subsequently dispute the amount of that interim payment through adjudication. In this article, James Vernon, Michael… Read More >
Court of Appeal confirms that a solicitor's duty (including a duty to warn) must be determined by the scope of their retainer
November 2018There is no duty to warn a client in respect of a risk falling outside of a solicitor’s retainer – Cathal Anthony Lyons v Fox Williams LLP [2018] EWCA Civ 2347 This case affims that, for the purposes of measuring liability in a professional negligence claim, the scope of a professional’s duty of care must… Read More >