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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Supreme Court reinstates Insurer’s reliance on trading debt exclusion
October 2016The Supreme Court has overturned the Court of Appeal and allowed Insurers to exclude cover under the Solicitors Minimum Terms through applying the trading debts exclusion in Impact Funding Solutions Limited v AIG Europe Insurance. As well as being of significant interest to Insurers of Solicitors, this case is also of wider interest to all… Read More >
Conducting arbitration in Dubai, UAE: further developments
October 2016Arbitration is commonly chosen by parties in the construction industry in Dubai as the forum for resolution of disputes. The two leading arbitration institutions are the Dubai International Arbitration Centre (DIAC) and the DIFC-LCIA Arbitration Centre, who on 20 September 2016, entered into a MoU for mutual corporation with an aim to further enhance their… Read More >
Court of Appeal judgment highlights importance of effective internal reporting procedures in relation to adverse events
October 2016The recent Court of Appeal judgment in Howmet Limited v Economy Devices Limited [August 2016] has highlighted the importance of ensuring that any health and safety incidents and other unforeseen adverse events which occur on site or the factory floor are reported up the line through the company hierarchy so that appropriate steps can be… Read More >
Payment Reporting Obligations Coming into Force April
October 2016The Department for Business, Energy and Industrial Strategy (“BEIS”) recently announced that the obligation to report on payment practices under the Small Business, Enterprise and Employment Act 2015 will come into force on 6 April 2017, for financial years starting after that date, with the regulations due to be laid in early 2017. Andrew Croft… Read More >
JCT 2016 Design and Build contracts – key points to note
October 2016Following on from the publication of the JCT 2016 Minor Works contracts in May 2016, the Joint Contracts Tribunal has updated the Design and Build contract forms, including the Design and Build Contract, Design and Build Sub-Contract Agreement and Design and Build Sub-Contract Conditions. In this article Tom Pemberton and Stephen Jones of Beale &… Read More >
Reports from the courts
October 2016Our latest round up of court cases of most interest to construction from Andrew Croft and Natalie Ledger of Beale & Company focuses on a decision highlighting that the natural meaning of the words used will be the primary consideration in the interpretation of construction contracts by the courts; and another underlining the importance of… Read More >
Making every minute count
September 2016In this article Michael Archer and Richard Morgan look at best practice when it comes to minute-taking and recording the decisions made by the board. To read the full article, please click on the link below.
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 >