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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A Note to in House Lawyers: When Do You Appoint a Law Firm for an Arbitration?
August 2017Firms will often write that for effective representation it is best to engage law firms at an early stage in the dispute process. Whilst there may be some merit in this, it may not necessarily be entirely true. It is evident that in-house roles are not what they were initially thought to be. In house… Read More >
Reports from the Courts
July 2017Our regular review of cases of most importance to construction comes from Andrew Croft and Simii Sivapalan, including one highlighting the potential dangers of giving ad hoc and free advice as a business development initiative; and another showing how a widely drafted limit of liability clause may still be reasonable and therefore enforceable under unfair… Read More >
DIFC Courts: proposed new technology and construction division
July 2017This month the publication Construction Law International has focused on the Middle East and kindly includes one of our articles by Claire Miller (Partner) and Nadir Hasan (Assistant) on the DIFC Courts proposed new technology and construction division. You can read a copy of the article below (please see pages 10-12). This article was first published in… Read More >
‘Information’ or ‘Advice’? Construction Professionals Beware!
July 2017The Supreme Court recently provided guidance on the operation of the ‘SAAMCO’ cap in the landmark case of BPE Solicitors v Hughes-Holland. This article, by Ian Masser and Ben Spannuth, considers the key points of the judgment and its potential impact on construction professionals (which has recently been the subject of much comment and hypothesis… Read More >
Court issues new protocol for public procurement challenges
July 2017The Technology and Construction Court has issued guidance on dealing with public procurement challenges. The “Guidance Note on Procedures for Public Procurement Cases” acts as a form of pre-action protocol and applies from 17 July 2017. In this article, James Hutchinson highlights some of the key points this new Guidance covers. Please click on the… Read More >
Employment Benefit Trust Tax avoidance schemes and the Supreme Court death knell
July 2017Partner, Stephen Reilly reviews this month’s Supreme Court decision in the Glasgow Rangers “big tax” case, highlighting an important success for HMRC in the ongoing tax avoidance war. To read the full article, please click on th elink below.
VAT in the UAE – what does this mean for your construction contract?
July 2017Benjamin Franklin rightly stated “In this world, nothing can be said to be certain, except death and taxes”. The United Arab Emirates, a popular tax haven, will succumb to its first direct tax – the value added tax. Sadaff Habib, of our Dubai office, discusses this new implication and how it will impact the construction… Read More >
Update on Payment of and Taxation of Costs
July 2017A new practice direction issued in April 2017 by the President of the Irish High Court intends to reduce the significant delay encountered by a successful party to litigation in recovering its costs from the other side, in situations where liability as to the payment of said costs is not in issue but taxation is… Read More >
Reports from the Courts
June 2017Our regular round up of the court cases of most interest to construction, by Simii Sivapalan and Andrew Croft looks at a decision shedding light on how the courts interpret the NEC3 ‘mutual trust and cooperation’ obligations; and another highlighting the perils of lengthy and document heavy contracts. This was first published by Construction Law… Read More >
Getting to grips with modern legal contracts and technology
June 2017Beale & Company appear in the CIHT Transportation Consultants Directory 2017 – our Partner Will Buckby discusses technology and transport projects and the need for legal contracts to fully consider the important role which technology plays. CIHT’s Transportation Consultants Directory is the only source of information devoted exclusively to transportation specialists in the UK. www.ciht.org.uk