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.
Article Search
Archives: Articles
New FIDIC Agreements for Consultants
March 2017FIDIC have recently published the 5th edition of the Clients/Consultants Model Services Agreement (“the White Book”), together with the second edition of the Sub-Consultancy Agreement. In this briefing note, Tom Pemberton highlights the key points which should be borne in mind when negotiating appointments based on the updated FIDIC agreements. To read the full article,… Read More >
D&O Remedies – Derivative Actions and Unfair Prejudice Petitions
March 2017In the recent case of Zavahir v Shankleman & Others, the High Court has provided a reminder of the difficulty a shareholder faces in bringing a successful derivative action against company directors even where the derivative claim has strong merit. In this article Stephen Reilly, Partner, discusses derivative claims and the potential alternative of a… Read More >
The future of PFI – Summary of key points made during a panel discussion on 26 January 2017
March 2017Beale & Company and Atkin Chambers hosted a panel-led discussion earlier this year entitled ‘Making PFI Work’. We were honoured to have Sir Antony Edwards-Stuart (Judge in Charge of the Technology and Construction Court until his retirement in November 2016) chair the panel of speakers. They consisted of Andrew Goddard QC and Stephanie Barwise QC of… Read More >
The Court of Appeal confirms that the correct defendant is the carrier, and not the airport operator/owner, in a situation where there is an accident causing injury while disembarking from an aircraft
March 2017A recent decision of the Court of Appeal confirmed that the provisions of the Montreal Convention governing international air travel applied to a claim for personal injuries mounted in relation to a fall while disembarking. Sarah Conroy discusses the Montreal Convention and how it inpacted a number of cases on this matter. To read the… Read More >
Richardson v Financial Services Ombudsman – the importance of a well worded proposal form
March 2017On 14 July 2016, the Irish High Court issued an important decision which clarifies the circumstances in which insurers can decline a claim due to the information provided in the proposal form. Nuala McAnally & Conal O’Doherty discuss this decision and how it affected the outcome of the Richardson v Financial Services Ombudsman case. To… Read More >
Early warning obligations in Consultancy Appointments
February 2017The ACE Professional Services Agreement 2017 (“ACE PSA”) is the latest standard form contract to include an “early warning” regime, as highlighted in our summary of key points in our recent note on ACE PSA. Tom Pemberton and Andrew Croft discuss early warning regimes and how they aim to “flush out” issues at an early… Read More >
Court narrowly construes extent of Professional’s duty to advise – good news for Insurers
February 2017Last week the High Court handed down judgment in Denning v Greenhalgh Financial Services. This is the latest in a run of cases helpful to all professionals and their Insurers as regards the extent of a professional’s duty to advise. In this article Partner, Stephen Reilly, reviews the key points of the case and provides… Read More >
Reports from the Courts
February 2017Our regular round up of court decisions of most interest to construction comes from Andrew Croft and Simii Sivapalan and focuses on two disputes over oral contracts; one with major implications for ‘smash and grab’ adjudications; and the other highlighting the importance of agreeing costs and the basis of their calculation at the start of… Read More >
Summary of the Law Reform Commission report on consolidation and reform of aspects of the Law of Evidence
February 2017On Wednesday 18 January, the Law Reform Commission’s (“LRC”) latest report was published. This report considers certain aspects of the Law of Evidence namely expert evidence, documentary and electronic evidence and hearsay evidence and puts forward recommendations in this regard. In this article, Stephen O’Connor and Karen Elliott provide a brief synopsis of the suggested… Read More >
Expert Witness Immunity
February 2017The Law Reform Commission (“LRC”) have recently launched their report on aspects of evidence which recommends the abolishment of expert witness immunity in Ireland. Tara Cosgrove and Stephen O’Connor analyse the arguments for abolition and retention of expert witness immunity and the impact it will have on expert witnesses. To read the full article, please… Read More >