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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Liability caps in the current construction market
June 2016LexisNexis 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
June 2016Andrew 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
May 2016In 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
May 2016Claims 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
May 2016In 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
April 2016Partner 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
April 2016Three 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.
Late Payment – Improving an Industry Wide Issue
April 2016In February 2016, Beale & Company hosted a Round Table event at Capital House, 85 William Street, London, EC4N 7BL, with a cross section of the construction industry to discuss the perennial issue of late payment. The purpose of this paper is to report on the key points discussed at the Round Table and consider… Read More >
AIG Solicitors Aggregation appeal – Court of Appeal allows appeal and provides guidance on MTC aggregation wording.
April 2016In this article Partner Stephen Reilly discusses yesterday’s important Court of Appeal decision interpreting the Solicitors Minimum Terms and Conditions insurance wording and the aggregation of claims thereunder. To read the full article, please click on the link below.
Financial Services Ombudsman Bureau Ireland Annual Review 2015
April 2016The Financial Services Ombudsman (FSO) recently published its Annual Review for the year 2015. In broad terms, the report Review is good news for the Financial Services Industry in Ireland. Complaints rose substantially after the collapse of the economy but have been decreasing since 2013. Garrett Cormican, Associate, discusses the review in more detail and… Read More >