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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Changing experts: take care!
September 2016In this article partner, Sheena Sood, and solicitor, Ben Spannuth, discuss the recent case of Allen Tod Architecture Ltd (in liquidation) v Capita Property and Infrastructure which stands as a useful reminder of the robust stance that the courts are taking where a party changes expert – even if engaged pre-action and even if communications… Read More >
Insurance Act 2015 – practical tips
September 2016With the new Insurance Act 2015 now in force, we are aware that a number of clients have yet to complete rewrites of their policy wordings. In this brief note we highlight five important practical tips to consider when doing so.
Construction payment charter updated – a missed opportunity?
August 2016The Government’s Construction Leadership Council has published an updated Construction Supply Chain Payment Charter to reflect commitments in the original charter. In our view much more could have been done to strengthen the updated charter; the onus remains very much on the industry to tackle the issue of late payment. Read our article which details… Read More >
Digital Delivery Discussion
August 2016Beale & Company recently hosted a Digital Discussion event as part of its Digital Network. This was the first in a series of events we will host to explore the impact of a digitally driven approach on the construction industry. This note provides a snapshot of the extremely interesting discussions on the day. To read… Read More >
The Insurance Act 2015 – what it means for you as an insured
August 2016The Insurance Act 2015 (“the Act”) finally came into force on 12 August 2016. The Act represents the biggest change in English insurance law for over a century and will apply to insurance and reinsurance contracts governed by the laws of England, Wales, Scotland and Northern Ireland which are entered into on or after 12… Read More >
Supreme Court considers fraud – two cases concerning lies and insurance come along at once
August 2016Two claims came before the Supreme Court during July 2016 dealing with issues of fraud in the context of insurance. In this article, Giles Tagg and Ian Masser discuss the two cases of Versloot Dredging BV v HDI Gerling and Hayward v Zurich Insurance Co plc and how the Court’s decisions may impact upon insurers. To read the full… Read More >
“New” test for proportionality applies to additional liabilities – a proportionate response?
August 2016The Courts have confirmed that pre-1 April 2013 Additional Liabilities must still be proportionate under the “new” Rules. Joe Eizenberg and Matthew Cropper discuss this decision and how this will effect proportionality and court decisions going forward. To read the full article, please click on the link below.
NEC3 – not to be left in the drawer
August 2016Will Buckby of Beale & Company Solicitors LLP warns that NEC3 users who think it is good enough to leave the contracts in the drawer are missing out on valuable project and risk management tools, as well as heightening the risk of disputes. To read the full article, please click on the link below.
Reports from the Courts
August 2016In our latest court reports analyses Andrew Croft and Simii Sivapalan of Beale & Company Solicitors LLP focus on a ruling concerning whether NEC3 Option W2 is consistent with the Construction Act; and another that highlights the importance of clear and Act compliant payment notice periods. To read the full article, please click on the… Read More >
Interested in Damages? Unravelling claims for “interest as damages” versus “interest on damages”.
August 2016In this article solicitor, Fiona Murphy, discusses the recent case of Mortgage Express v Countrywide Surveyors Ltd (2016) the High Court reviewed the current state of the law relevant to claims for (i) interest as damages and (ii) interest on damages, and the circumstances in which each will be awarded in claims against professionals. To read the full… Read More >