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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Managing (client) expectations: The extent of an architect’s duties in relation to their client’s budget
November 2017Nathan Modell and Elizabeth Andrews discuss the recent judgment in Riva Properties Ltd & Ors v Foster + Partners Ltd. In this case, where the claimant sought the recovery of losses of over £16m, Mr Justice Fraser considered the scope of an architect’s duty of care owed towards his client in relation to costs. to… Read More >
To exclude or not to exclude – that is the question.
November 2017In Crowden v QBE Insurance (Europe) Ltd, the High Court has given important guidance on how insurance policy exclusion clauses should be interpreted. The Court’s decision will be welcomed by Insurers generally. Stephen Reilly (Partner) and Fiona Murphy (Associate) discuss this case further here.
Warranty and Indemnity Insurance – bridging the gap between Buyers’ and Sellers’ risk appetites
October 2017In the first in a series of articles on the W&I insurance market, Stephen Reilly, Partner, and Jason Bird, Trainee, overview the market for this increasingly used insurance product which oils the wheels of M&A transactions around the world and consider the benefits, insurers’ risk appetite and W&I claims experience.
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 >