Publications

Publications

Our lawyers contribute regularly to industry and legal journals including Building, Post Magazine and Solicitors Journal. In addition we write legal briefings, newsletters and case reports on our main practice areas.

Published and other articles are free and may be downloaded in PDF format.

See our most recent articles below or use the search function to find publications by Sector, Service and/or keyword. Articles over 1 year old are stored in our Publications Archive.

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Andrew Jones

The Court of Appeal has handed down judgment on the circumstances in which a defendant can take advantage of a claimant's error in litigation, following the High Court striking out a claim in Woodword v Phoenix Healthcare last year where the defendant did not point out the claimant’s invalid service of proceedings.

In this article, Andrew Jones discusses this Court of Appeal decision, its proviso and the implications for insurers and their insureds going forward.

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Nadir Hasan

Every significant construction project will impact the communities around it. This is particularly true of infrastructure schemes in developing countries. A highway can run through a farmer’s fields, cutting off his access to his crops or livestock. The reservoir created by a dam can drown whole villages, uprooting their residents and forcing them to relocate. Even those not directly affected must put up with years of noise, dust and disruption from the construction works.

Delivery of community benefits is very often required under a government-procured construction contract, and may be written into a funding agreement entered into with an MDB. However, the people with the power to cause the most disruption to a project, the communities themselves, are often overlooked.

Beale & Co recently acted in a dispute for the developer of a large-scale renewable energy project in Central America where community buy-in had not been agreed, resulting in significant delay to the construction project. In this article Associate Nadir Hasan looks at what had gone wrong and how to avoid these situations in the future.

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Stephen Reilly

In a thought provoking case for W&I Insurers when considering policy response issues, the High Court this month has provided more judicial guidance on fair disclosure, quantifying loss and contractual notice issues in the matter of 116 Cardamon Limited v MacAlister.

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Will Buckby & Andrew Croft

The NEC4 suite of contracts was published on 22 June 2017. In the third of a series of briefing notes on the NEC4 Professional Service Contract we consider the relationship between the detailed requirements of the Defined Cost regime and obligations under GDPR, in light of concerns raised by a number of consultants and the NEC Practice Note 3 on GDPR. In Will Buckby and Andrew Croft's view, Practice Note 3 fails to address a key risk in respect of how the GDPR and the Defined Cost mechanism apply. Consultants need to take real care to ensure the provision of information required to evidence payment does not put them in breach of the GDPR.

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Andrew Croft & Ben Spannuth

Publication: Construction Law

Our latest round up of construction cases comes from Andrew Croft and Ben Spannuth, focusing on a dispute involving failure to submit a payment or pay less notice; and a widely publicised domestic client case that highlight their importance of a written agreement, a clear brief and clear and accurate record-keeping.

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David McArdle & Jon Quirk

What constitutes a notifiable circumstance? The Court of Appeal has concluded that Moulder J's approach at first instance was wrong, particularly when assessing the requisite knowledge required of an insured when notifying a circumstance. The question of whether a claim arises from a notified circumstance cannot simply be a subjective one.

In this article, David McArdle and Jon Quirk set out the key facts and future effects on the notification of circumstances to insurers.

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Joanna Lewis and Jade Harvey

Following on from their article 'Preventing Falls from Height in the Construction Industry', Joanna Lewis and Jade Harvey look at a recent FOI request on working at height incidents.

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Joanna Lewis and Jade Harvey

On 1 February 2016, the guidelines for the sentencing of health and safety offences, corporate manslaughter and food safety and food hygiene offences (“the Definitive Guideline”) came into force.

Joanna Lewis and Jade Harvey consider the impact this has had on health and safety at work offences, and what further impact the Definitive Guideline will have in the future.

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