Insurance Masterclass Series

Following the success of our Insurance School, we are running our first Insurance Masterclass starting this September. The Masterclass series will provide a more in depth dive into a number of hot insurance topics and is aimed at our more senior colleagues in the insurance industry.

To find out more information and to register for the talks, please click the links below:

16/09/21: Cyber – Ransomware and Recovering Ransom Payments

In this Masterclass Stephen Reilly and Andrew Jones of Beale & Co and Phil Larratt of Chainalysis (ex-Senior Manager of the NCA’s National Cyber Crime Unit), we will look at:

  • The current trends in ransomware and the industry’s efforts to prevent increasing losses
  • How ransomware payments can potentially be recovered and the key legal issues arising
  • A case study by Chainalysis the cutting edge forensic services currently available and how blockchain analysis can be utilised to trace Bitcoin ransom payments
  • The important do’s and don’ts to assist the potential later recovery of ransomware payments

23/09/21: Risks to Insurance Brokers of a Hard Market

In this Masterclass with Joe Bryant and Wilhelm Matthee of Beale & Co and Matt MacLaren of Griffiths & Armour, we will look at:

  • Broking in a hard market and finding cover
  • Remote working
  • Business Interruption and Covid
  • Silent cyber
  • Managing client expectations, disappointment and E&O issues

14/10/21: Solicitors PI 

In this Masterclass with Joe Bryant, Amanda Norton (ex SRA Compliance) and Jenny Jeapes of Beale & Co, we will look at:

  • Sub-prime insurers and the rise and fall of Crispin Passmore
  • Premium payment as a condition of cover
  • Run off pressures
  • The rise of regulatory intervention and its impact on MTC coverage
  • The SRA consultation on silent cyber and the implications for future claims if the proposals are implemented
  • Some practical considerations for both primary and excess layers going into the October renewal season

21/10/21: Cladding Crisis and the impact of the Building Safety Bill

In this Masterclass, Ian Masser and Michael O’Brien of Beale & Co will be joined by Jonathan Wicke of Ardmore and Michael Attwell of Munich Re to discuss the various issues associated with fire safety and claddding:

  • An update on claims and the trends arising, including the various government funds and the steps claimants are required to take to pursue recoveries as a condition of funding
  • The government’s legislative response, including the Fire Safety Act, the draft Building Safety Bill, and the use of EWS1 forms
  • What contractors and construction professionals are seeing on site – both in terms of historic projects and new work – and the challenges they are facing
  • How insurers are responding

04/11/21: D&O Insurance, Construction and Prosecution Risks

In this Masterclass with Joanna Lewis and Stephen Reilly of Beale & Co and Simon Antrobus QC of Crown Office Chambers we will lead discussions with live audience questions on the following issues:

  • The safety legislative framework in place and common HSE/Criminal offences potentially impacting senior managers, partners and directors leading up to Grenfell
  • The HSE and the Police’s pre-Grenfell approach to investigating and prosecuting offences and the changes we have seen since Grenfell
  • Typical D&O insurance issues and potential insurance gaps arising out of such issues and how to keep yourself fully protected as a senior manager, partner or director
  • What the future looks like for the individual accountability of senior managers, partners and directors after Grenfell

Attendance at our Masterclass Series is limited and hopes to allow for a meaningful and open debate and to promote a forum for discussion.

To find out more information and to register for the talks, please click the links above.

Webinar: A Practical Guide to Adjudication and Case Law Update

The original aim of adjudication was to provide parties to a construction contract with an accessible and efficient method of resolving payment disputes. However, parties have utilised the speed and cost benefits of adjudication for a wider range of disputes related to construction projects.

Although this has led to a broader case load, the focus of the Courts remains that unless clear issues arise from an Adjudicator’s decision, they should be enforced.

Join James Vernon and Jack Swadling for a webinar that provides a brief introduction to the structure of the adjudicative process and discuss considerations for Referring Parties and Responding Parties bringing and defending claims via adjudication.

Topics include:

1. Aims of the adjudication process.
2. Steps to consider when bringing an adjudication for the types of claims: defects, valuation and delay
3. Steps to consider when defending an adjudication including jurisdiction.
4. Recent case law and where this fits in to adjudication process.

To discuss any of the issues raised in this webinar please contact James Vernon at j.vernon@beale-law.com and Jack Swadling at s.swadling@beale-law.com.

Please click here for a copy of the slides.

To view a recording of the webinar, please click on the video below.

Beale & Co Insurance School 2021

Beale & Co Insurance School 2021 starts on 18 February and has 20 sessions. Aimed at claims handlers and solicitors with 0-3 years experience, this course is free to attend and will provide people with an overview of each subject.

When registering for the Insurance School, please note that the link you receive will give you access to every session, however it is completely up to you which sessions you would like to attend. The first session begins at 2pm, with the second at 3pm.

Please see below the schedule:

18 February
– Session 1 at 2pm – Introduction to Insurance
– Session 2 at 3pm – Legal & Regulatory Overview

25 February
– Session 3 at 2pm – Introduction to Insurance Policies
– Session 4 at 3pm – Claims Handling Practice

4 March
– Session 5 at 2pm – Coverage Issues 1
– Session 6 at 3pm – Coverage Issues 2

11 March
– Session 7 at 2pm – Dispute and Court Procedural Issue
– Session 8 at 3pm – Solicitors and Barristers Risks

18 March
– Session 9 at 2pm – Health and Safety Risks
– Session 10 at 3pm – Insurance Broker Risks

25 March
– Session 11 at 2pm – Surveyors and Property Professional Risks
– Session 12 at 3pm – Irish Risks

1 April
– Session 13 at 2pm – Introduction to Construction Law
– Session 14 at 3pm – Design & Construct PI Insurance: Policy Issues and Practical Tips

8 April
– Session 15 at 2pm – Cyber risks
– Session 16 at 3pm – Financial Institution Risks & Crime

15 April
– Session 17 at 2pm – D&O Risks
– Session 18 at 3pm – Accountants Risks

22 April
– Session 19 at 2pm – IFA Risks
– Session 20 at 3pm – Introduction to other / Miscellaneous Risks

29 April

Session 21 at 2pm – Architects
Session 22 at 3pm – UAE Law

To register for the insurance school please click here.

Webinar: Contractual Considerations in 2021 – a New Landscape?

For construction professionals, the contractual landscape has unfortunately been ‘hardening’ in recent years. In addition, the professional indemnity insurance market has also “hardened”, with cover being limited in areas such as in respect of fire safety, ACMs and combustible materials, amongst others. And then we have the COVID-19 pandemic and the UK’s transition period after Brexit coming to an end on 31 December 2020.

Will Buckby and Robert Read discuss those important contractual considerations that construction professionals should be considering in the current market.

To discuss any of the issues raised in this webinar please contact Will Buckby at w.buckby@beale-law.com and Robert Read at r.read@beale-law.com.

Please click here for a copy of the slides.

To view a recording of the webinar, please click on the video below.

Beale & Co International Webinar for Irish Construction Companies

The International Construction Market is constantly growing, especially for Irish Construction Companies.

Join us on Thursday 11 February 2021 for a webinar for Irish construction companies operating internationally and those with international ambitions. Beale & Co speakers Killian Dorney, Partner from our Dublin office, Will Buckby, Partner from our London office and Claire Miller, Partner from our Dubai office will be joined by guest speaker Ross O’Colmain of Enterprise Ireland to discuss issues to consider when operating internationally as well as available supports.

Topics
Topics for this webinar include:

  • Practical matters to consider as an Irish construction company contracting internationally
  • The UK Market, Brexit, Opportunities and Challenges & Business Network
  • The Middle East and African Market (including sub-Saharan Africa), Opportunities and Challenges & Business Network
  • International Ambition – Enterprise Ireland supports

There will also be a live Q&A at the end of the webinar, where our speakers will be able to address questions from their talks.

Webinar: Where will the Golden Thread Lead? the Draft Building Safety Bill

The Draft Building Safety Bill (“the Draft Bill”) is the government’s long awaited response to the Grenfell fire and Dame Judith Hackitt’s 2018 review of  the building industry, “Building a Safer Future”.  The Draft Bill sets out a proposed new regulatory regime for those involved in the design, construction and approval of high rise residential buildings in England.  The changes proposed by the government undoubtedly represent the biggest change to the building safety regulatory regime in decades and present new and potentially onerous obligations for those involved in the construction industry.

In this session Joanna Lewis, Nathan Modell and Michael Salau explore the background to the Draft Bill as well as a discussion of the proposed changes and potential new pitfalls for professionals from a practical perspective.

To discuss any of the issues raised in this webinar please contact Joanna Lewis at j.lewis@beale-law.com, Nathan Modell at n.modell@beale-law.com and Michael Salau at m.salau@beale-law.com.

Please click here for a copy of the slides.

To view a recording of the webinar, please click on the video below.

Webinar: A Practical Guide to Adjudication

Adjudication under the Construction Contracts Act 2013 is a very accessible and efficient method of resolving payment disputes on construction projects.

Join us on Thursday 4 February 2021 for a webinar that will involve a detailed consideration of Adjudication under the Construction Contracts Act 2013. This webinar will focus on the structure of the adjudicative process and the considerations for Referring Parties and Responding Parties in adjudication.

Topics
In particular, Killian Dorney and Cian O’Gorman will address the following:

• Disputes that can be adjudicated
• How to commence adjudication
• The adjudication procedure and timetable
• Adjudication as a tool for settlement
• Compliance with the Decision
• Costs
• Matters to consider before commencing adjudication

There will also be a live Q&A at the end of the webinar, where our speakers will be able to address questions from their talks.

Please click here to register.

Webinar: Prolongation and Variations in Consultant’s Appointments

Andrew Croft and James Vernon will discuss the thorny issue of delay caused to the provision of consultants’ services by reasons beyond their control. This is a particularly topical point given the impact of COVID-19. In such circumstances, what contractual provisions are needed to allow the consultant recover additional fees and/or loss and expense? In addition, can the consultant be held responsible for the delay?

This session will cover:

  1. Best key risks and challenges for consultants associated with prolongation from an appointment-drafting perspective;
  2. How effective the traditional standard forms are to protecting the consultants’ position and applicable amendments that should be sought;
  3. Clauses to avoid in non-standard form contracts;
  4. Evidence required to recover additional fees and/or loss and expense; and
  5. Practical tips for tackling the issue of prolongation.

To discuss any of the issues raised in this webinar please contact James Vernon at j.vernon@beale-law.com or Andrew Croft at a.croft@beale-law.com.

Please click here for a copy of the slides.

To view a recording of the webinar, please click on the video below.

Webinar: External Wall Fire Safety and Form EWS1

Will Buckby and Ian Masser discuss the ongoing industry challenges surrounding external wall fire safety on buildings over 18m in height. The position in relation to new developments is now relatively clear given the 2018 Building (Amendment) Regulations, which banned the use of combustible materials anywhere on buildings over 18m in height. But what about the significant number of existing buildings that already contain combustible materials?

Construction professionals will be familiar with the Form EWS1 and how this is being promoted as the solution. We at Beale & Co are not so sure. Given the ongoing Government pressure on the construction industry to take the lead in resolving this issue, combined with a recent media campaign to highlight the plight of homeowners who cannot sell, insure or re-mortgage their affected properties means this is a hugely topical issue .

The session covers a history lesson of the changes to UK building regulations post the tragic Grenfell Tower fire in June 2017, as well as discussing the legal and practical implications of the Form EWS1.

To discuss any of the issues raised in this webinar please contact Will Buckby at w.buckby@beale-law.com or Ian Masser at i.masser@beale-law.com

Please click here for a copy of the slides.

To view a recording of the webinar, please click on the video below.

Webinar: Software as a Service – Consultants as Technology Providers and the Legal Ramifications

Digital engineering and the tools and processes now available to us are changing the built environment and will alter how the engineering industry operates moving forward. Engineers and architects are increasingly taking the role of technology providers and face new legal issues.

In this webinar, James Hutchinson, a Partner at Beale & Co, examines the difference between traditional professional services and technology services. He focus’ on:

  • Cloud computing generally
  • An introduction to Software as a Service (SaaS)
  • Comparison of professional services v SaaS provision
  • Look at a typical SaaS contract and SLA terms
  • IT clauses in professional services contracts
  • Focus on an example contract
  • Offer suggestions on the main points when negotiating intellectual property clauses

To discuss any of the issues raised in this webinar please contact James Hutchinson at j.hutchinson@beale-law.com 

Please click here for a copy of the slides.

To view a recording of the webinar, please click on the video below.