Publications archive

Cathie Shannon & Cian O'Gorman

The decision in Honahan & anor v McInerney Construction Limited & ors [2018] IEHC 311 concerned the engagement by the plaintiffs of a number of parties for the purchase of a site and construction of a dwelling in February 1996. It is the latest in a string of recent applications to strike-out High Court actions where the plaintiffs have been less than assiduous in progressing their litigation.

In this article, Cathie Shannon and Cian O'Gorman discuss this recent judgment and also provide an insight as to how this decision came about.

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James Hutchinson

Beale & Company acted for engineering, design and consultancy company Ramboll on its acquisition of DEG Signal.

Partner, James Hutchinson, who advised on the acquisition provides further comment on this successful case.

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James Hutchinson

Beale & Company acted for the shareholders of MFD, a UK-based security consultancy, on its sale to Thornton Tomasetti, the international engineering consultancy behind the new US Embassy in London.

Partner, James Hutchinson, who advised on the sale provides further comment on this successful case.

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James Vernon

This month, as part of our regular updates on interesting legal developments James Vernon looks at two recent decisions concerning different but relevant issues for the construction industry.
1. Successfully challenging a winding up petition issued to enforce an adjudication award: Victory House General Partner Limited v RGB P + C Ltd [2018] EWHC 113; and
2. Meaning of a 'no oral modification' clause: Rock Advertising Limited v MWB Business Exchange Centres Ltd [2018] UKSC 24.

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Andrew Croft and Ben Spannuth

Our regular round up of the court decisions of most interest to construction comes from Andrew Croft and Ben Spannuth including:
- the first case to consider the interplay between project insurance and subcontractors, which confirms that any express agreement under a subcontract may override wording in a project insurance policy; and
- another case considering the duty of a project monitor, and emphasising the importance of clear and regular communications between monitors and lenders.

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Antony Smith & Marc Jones

A leading construction QC believes “memorials are suggested in 40% of construction arbitrations. 10 years ago this was never the case”. The clash of memorials and pleadings is a cultural one and has been one of intense debate in the international arbitration sector. What is the difference between memorials and pleadings? The real difference between the two comes down to the timing of the witness statements and expert reports. The real question implied in the memorials versus pleading battle is whether parties should serve witness statements and/or expert reports alongside the pleadings and supporting evidence.

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Niamh Loughran & Cian O'Gorman

Legislation allowing the Irish courts to make Periodic Payment Orders ("PPOs") has been almost eight years in the making. They were first called for in the 2010 Report of the High Court Working Group on Medical Negligence and Periodic Payments.

In this article, Niamh Loughran and Cian O'Gorman discuss this new legislation and how it will have an impact on medical negligence claims going forward.

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Sarah Conroy & Jennifer Havard

It seems unusual that an insurer would actually seek to join itself to a set of existing proceedings. However such an application was the subject of a recent High Court decision delivered on 19 April 2018.

In this article, Sarah Conroy and Jennifer Havard explain the decision and discuss the impact this will have on future cases for insurers.

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