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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Reports from the Courts – March 2016
March 2016In our regular round up of recent court cases of importance to the construction industry, Andrew Croft (Associate) and Simii Sivapalan (Assistant Solicitor) of Beale & Company consider a court of appeal decision relating to payless notices and a case highlighting the need to carefully consider the wording of limitation and exclusion clauses when entering… Read More >
Approaching BIM – a legal perspective
March 2016From 4 April 2016, Building Information Modelling (BIM) will be required on all centrally procured public sector projects. In this article Andrew Croft and Will Buckby of Beale & Company consider whether the construction industry is ready for the upcoming changes to public sector projects and how the UK compares to other nations on its… Read More >
Reports from the Courts – February 2016
March 2016In our regular round up of recent court cases of importance to the construction industry, Andrew Croft (Associate) and Simii Sivapalan (Assistant Solicitor) of Beale & Company consider a case highlighting that a limitation clause does not remove liabilities to all parties on a contract; and another where a court considered the late payment provisions… Read More >
Limited Liability Partnerships New Requirements – Guidance Note
March 2016It is often tempting to think that running a business by way of a limited liability partnership (‘LLP’) avoids much of the bureaucracy associated with a traditional company structure. However, following the coming into force of recent legislation and regulations, this advantage is reducing. Michael Archer, James Hutchinson and Ben Spannuth consider some of the… Read More >
Insurance brokers & Sub – brokers and block notifications: It was your responsibility, not mine.
March 2016In the recent case of Ocean Finance v Oval Insurance [2016], the High Court considered the apportionment of liability between a producing and a Lloyd’s placing broker where they had both negligently failed to advise the Insured on the need to make a block notification and gave further guidance on block notifications. In our article… Read More >
FSO Procedure: Directions by the Court?
March 2016A recent decision of the High Court, in O’Shea v The Financial Services Ombudsman[1], is notable for being a rare instance of the High Court (implicitly) finding that the Financial Services Ombudsman (“FSO”) came to an incorrect conclusion as part of an overall determination reached by the FSO in respect of a complaint brought by… Read More >
Irish High Court confirms that failure to comply with any condition precedent in an insurance policy is a ground for declinature
March 2016In a recent case the High Court has held that an Insurer may repudiate an insurance policy for failure to comply with a condition precedent even in situations where the failure to comply with the condition precedent has in no way contributed to the cause of the loss. Where an Insurer seeks to decline cover… Read More >
Brexit: Be careful what you vote for
March 2016Senior Partner Antony Smith looks at the legal implications for the UK leaving the EU and what the impact will be on the construction industry in his article for Infrastructure Intelligence. What will happen with the law if there is a ‘No’ vote and what benefits of the current system for construction could be lost/reduced… Read More >
Solicitors’ negligence when sending a trainee to Court to assist counsel
February 2016Lisa Henty and Adam Ifield comment on the recent case of Dunhill v (1) W Brook & Co (2) Crossley [2016] EWHC 165 (QB) and how the Court considered the negligence of a firm of solicitors and counsel for settling at an undervalue. To read the full article, please click on the link below.
Liability only Part 36 offers and indemnity costs
February 2016In this article, Giles Tagg provides comment on the recent case of Jockey Club Racecourse Ltd v Willmott Dixon Construction Ltd, in which Mr Justice Edwards-Stuart considered the issue of liability only Part 36 offers in the context of an application for indemnity costs. The outcome highlights the need for parties in litigation to conduct… Read More >