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 – April 2017
April 2017Our regular round up of the court decisions of most interest to construction from Andrew Croft and Simii Sivapalan includes a decision highlighting that payment notices need to be free from ambiguity; and another confirming a trend for courts to adopt a common sense approach to liability limiting clauses. To read the full article, please… Read More >
Reports from the Courts – March 2017
March 2017In our regular round up of court decisions of most interest to construction comes from Andrew Croft and Simii Sivapalan report on a shipbuilding dispute where the court gave a wide interpretation to an exclusion of ‘consequential loss’; and another confirming that an adjudication on a failure to issue notices in relation to an interim… Read More >
Everyone’s at it! NEC4 to join the growing list of new standard form contracts
March 2017The date of publication of the new NEC4 suite of contracts was announced recently as June 2017. Key changes will include a new Design Build and Operate Contract, a new Alliance Contract and a new approach to BIM. This follows the recent publication of a number of updated standard forms of contract by a number… Read More >
BPE v Hughes-Holland (Gabriel): a New Dawn of Saamco
March 2017In one of the most important decisions this decade for those involved in professional negligence claims, the Supreme Court gave judgment today (22 March 2017) in BPE v Hughes-Holland (in substitution for Gabriel), the first case to consider Saamco in solicitors cases in the Supreme Court since it was decided in 1996. In the lead Judgment Lord Sumption… Read More >
New FIDIC Agreements for Consultants
March 2017FIDIC have recently published the 5th edition of the Clients/Consultants Model Services Agreement (“the White Book”), together with the second edition of the Sub-Consultancy Agreement. In this briefing note, Tom Pemberton highlights the key points which should be borne in mind when negotiating appointments based on the updated FIDIC agreements. To read the full article,… Read More >
D&O Remedies – Derivative Actions and Unfair Prejudice Petitions
March 2017In the recent case of Zavahir v Shankleman & Others, the High Court has provided a reminder of the difficulty a shareholder faces in bringing a successful derivative action against company directors even where the derivative claim has strong merit. In this article Stephen Reilly, Partner, discusses derivative claims and the potential alternative of a… Read More >
The future of PFI – Summary of key points made during a panel discussion on 26 January 2017
March 2017Beale & Company and Atkin Chambers hosted a panel-led discussion earlier this year entitled ‘Making PFI Work’. We were honoured to have Sir Antony Edwards-Stuart (Judge in Charge of the Technology and Construction Court until his retirement in November 2016) chair the panel of speakers. They consisted of Andrew Goddard QC and Stephanie Barwise QC of… Read More >
The Court of Appeal confirms that the correct defendant is the carrier, and not the airport operator/owner, in a situation where there is an accident causing injury while disembarking from an aircraft
March 2017A recent decision of the Court of Appeal confirmed that the provisions of the Montreal Convention governing international air travel applied to a claim for personal injuries mounted in relation to a fall while disembarking. Sarah Conroy discusses the Montreal Convention and how it inpacted a number of cases on this matter. To read the… Read More >
Richardson v Financial Services Ombudsman – the importance of a well worded proposal form
March 2017On 14 July 2016, the Irish High Court issued an important decision which clarifies the circumstances in which insurers can decline a claim due to the information provided in the proposal form. Nuala McAnally & Conal O’Doherty discuss this decision and how it affected the outcome of the Richardson v Financial Services Ombudsman case. To… Read More >
Early warning obligations in Consultancy Appointments
February 2017The ACE Professional Services Agreement 2017 (“ACE PSA”) is the latest standard form contract to include an “early warning” regime, as highlighted in our summary of key points in our recent note on ACE PSA. Tom Pemberton and Andrew Croft discuss early warning regimes and how they aim to “flush out” issues at an early… Read More >