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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Two recently published decisions in the TCC considered the enforceability of an Adjudicator’s decision and insolvency issues
October 2017In this article, James Vernon and Jason Bird, discuss two recently published decisions in the TCC which considered the enforceability of an Adjudicator’s decision and insolvency issues. To read the full article, please click on the link below.
Reports from the Courts – October 2017
October 2017In our regular round up of the court decisions of most significance to construction Andrew Croft and Simii Sivapalan examine a case concerning exemption clauses that went to the appeal court; and another highlighting that contractors need to act quickly to submit extension of time claims. This article was first published by Construction Law October… Read More >
Update on the August 2017 Editions of the RIAI Yellow and Blue Forms of the Construction Contracts
October 2017In August of this year, the RIAI released new editions of the Yellow and Blue Forms of Construction Contracts (“the 2017 Editions”). In this update Mary Smith outlines the main changes to those amended forms of construction contracts. To read the full article, please click here.
The increasing use of ADR in HMRC disputes and getting your legal costs back from the Taxman
October 2017In this article Partner, Stephen Reilly, discusses the increasing use of ADR in HMRC disputes and the recovery of resulting legal costs. Beale & Company are frequently instructed in tax litigation related matters. Our clients are often surprised to find out that (i) ADR is available to settle tax disputes with HMRC and (ii) even… Read More >
Falling down at “the most basic step” – do not rely on the Court (or the other side) to save you from your errors!
October 2017In the recent decision in Higgins & Others [2017] EWHC 2190 (Ch), it was shown once again that, despite increased leniency for errors of civil procedure during the course of proceedings, the Courts will still take a strict approach to the defective service of Claim Forms at the commencement of proceedings. In this article, Stephen… Read More >
Pre-action Protocol for Debt Claims: Changes to the “Letter – wait – issue” process
October 2017After a long period of discussion, the Ministry of Justice has published a new Pre-action Protocol for Debt Claims (“the Protocol”), which came into force on 1 October 2017. Parties must ensure that they comply with the Protocol, before issuing any claim to recover their debts. James Hutchinson, Sheena Sood and Sophie-Rose Bowen discuss more… Read More >
Striking Out
October 2017Delays in litigation are inevitable, however the Irish courts are becoming less tolerant of unnecessary deferrals. Mary Smith, Associate, explains the grounds for striking out stale claims based on recent case law. To read the full article, please click on the “download publication” link below. This article was first published in the September 2017 issue… Read More >
Irish Mediation Act 2017
October 2017The much anticipated Mediation Bill 2017 was signed into law by the President yesterday. The Act places a statutory obligation on all practising solicitors to advise their clients about mediation prior to issuing legal proceedings. Please see our previously published note on the pertinent provisions of the Act here. Mediation has become increasingly popular as… Read More >
New technology, old problems
September 2017In the latest article for Building, Sheena Sood and Nathan Modell discuss the recent TCC case of Trant Engineering Limited v Mott MacDonald Ltd. The first judicial consideration of BIM asks whether an interim application for an injunction restoring client access to the project BIM should be granted.
The Data Protection Bill and GDPR
September 2017The new Data Protection Bill was given its first reading in the House of Lords last week. In this article James Hutchinson identifies the main objectives of the Bill which aims to provide continuity of data protection standards in the UK following Brexit.