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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Britain votes out!
After last night’s shocking victory for the Leave Campaign, Michael Archer, partner for Beale & Company comments on what the outcome of the referendum might mean for UK law and the potential for extensive legislative reform in the wake of Brexit.
Protect your practice with terms of engagement
Disputes can arise with any client, be they longstanding or new. Sarah Conroy writes for Accountancy Ireland and outlines some measures accountancy practices can take to protect their practice and reputation in the ordinary course of business. This article was first published in Accountancy Ireland. To read the full article, please click on the link… Read More >
Reports from the Courts
Andrew Croft and Natalie Ledger of Beale & Company Solicitors LLP review the most recent court decisions of most interest to construction, including one highlighting the problems that can arise when amending standard forms; and one underlining the important of payment notice clarity. To read the full article, please click on the link below.
Liability caps in the current construction market
LexisNexis construction analysis: Will Buckby explores the current use of liability caps in construction contracts, including the most common caps being agreed and the interplay with professional indemnity. This article was first published in LexisNexis PSL. To read the full article, please click on the link below.
No Late Payment Silver Bullet
Andrew Croft, Guest Editor for Construction Law, examines the merits of recent steps taken to tackle late payment, and suggests some other possible paths to improvement. The Construction Act is under review, but don’t rely on legislation, he argues. This article was first published in Construction Law’s May edition.
Order to disclose draft expert evidence – beware Court powers
In the recent case of Stuart Coyne v Alec Morgan in the TCC the judge ordered the Defendant to disclose a ‘draft’ report by expert A (upon which they did not seek to rely) as a condition for being given permission to rely upon a report by expert B. In this article Partner Giles Tagg… Read More >
Comfort for consultants as TCC case highlights difficulties in establishing consultants’ liability for cost overruns
Claims against consultants are often made prematurely and without due consideration to the merits of the allegations made. Tom Pemberton looks back at the case of William Clark Partnership Ltd v. Dock St PCT Ltd and comments on how this claim has given comfort to consultants who may face the same allegations.
Reports from the Courts – May 2016
In Construction Law’s regular round up of the court decisions of most interest to construction Andrew Croft and Natalie Ledger include a case that highlights the importance of clearly allocating risk in a contract; and one where the parties failed to ensure that an amendment was reflected throughout the contract.
Innocent conveyancing solicitors duped by fraudster liable for client’s losses
Partner Stephen Reilly and Solicitor, Fiona Murphy review the recent High Court case of Purrunsing v A’Court & Co & Anor (2016) relating to conveyancing breach of trust claims, s.61 Trustee Act relief and highlighting the Court’s increasingly tough approach to innocent solicitors caught up in the middle of fraudulent residential conveyances. To read the… Read More >
New rules on public procurement and concession contracts
Three new procurement Directives were adopted by the European Parliament in 2014, with the requirement that Member States transpose these into national law by 17 April 2016. Cathie Shannon discusses how these new rules will have an effect on EU wide market access and fair procedures.