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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Antony Smith and Nadia Paliwalla

Disputes whilst operating in the UAE When agreeing on contract terms, most parties will include a dispute resolution mechanism. Where the parties have agreed to arbitration, usually the arbitration centre will be agreed in the contract. Prior to agreeing on an arbitration centre in a contract, careful consideration should be given to which institution will work best for the parties and the likely disputes which may arise from the contract. This article provides a brief comparison of the rules of the Dubai International Arbitration Centre (“DIAC”), the International Chamber of Commerce (“ICC”), the Abu Dhabi Commercial Conciliation and Arbitration Centre (“ADCACC”) and the Dubai International Financial Centre - London Court of International Arbitration (“DIFC-LCIA”).

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Will Buckby and Ahmed Mian

In Swansea Stadium Management Company Ltd v City & County of Swansea & Anor [2018] EWHC 2192 (TCC), the TCC has enforced the purpose of a “no greater liability” clause in collateral warranties.

In this article Will Buckby and Ahmed Mian discuss the key points of the case and the judgment which brings good news to consultants and contractors providing collateral warranties to third parties.

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Mary Smith

Publication: The Insider (Issue 7), The Insurance Institute of Ireland

In the latest edition of The Insider, The Insurance Institute of Ireland's quarterly magazine, Associate Mary Smith comments on The Insurance Distribution Directive and what you need to know.

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David McArdle & Michelle Bakker

Professional Indemnity Insurers will be interested in a recent Court of Appeal decision which found that it is not in the public interest to refuse a claimant damages from a negligent conveyancing solicitor, where the underlying transaction was tainted with illegality in Stoffel & Co v Ms Maria Grondona [2018] EWCA Civ 2031 ("Stoffel").

In this article David McArdle and Michelle Bakker explore the key points of the case and the decision.

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Andrew Croft & Benjamin Spannuth

Publication: Construction Law

In the regular round up of the court decisions of most interest to construction comes from Andrew Croft and Ben Spannuth, including one highlighting the need for clear and broad termination provisions; and one confirming that oral agreements to vary contracts containing NOM clauses may not be effective.

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Sadaff Habib

Publication: Kluwer Arbitration Blog

Sadaff Habib, a solicitor in our Dubai office who is also the assistant editor for the Africa region at Kluwer Arbitration Blog, has written her latest article - Spotlight on Ethiopia as it Annuls a Euro 20 million Arbitral Award.

In this article, Sadaff addresses the issues that have arisen from the Courts decision, including whether or not the Court had jurisdiction and authority to decide on the nullification of an arbitral award issued under the EDF Rules; whether or not the tribunal err on a point of law and what is the impact of the Court's decision in Ethiopia and on EDF Cases.

You can read Sadaff's article here. If you have any questions, please do not hesitate to get in touch with Sadaff or your usual contact in the firm.

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Will Buckby and Andrew Croft

Highways England has announced plans to procure Smart Motorways through a ten year alliance arrangement, as part of a new business model expected to deliver £400m-£600m a year of work.

The proposed model, of the type operated in the water and rail industries, is a radical new plan for highways. Given the shared risk and reward and the limited access to dispute resolution procedures, it requires a very different mind-set to traditional procurement methods giving rise to different risks.

In this article, Will Buckby and Andrew Croft report on this new venture and explain the different steps required for this to be a successful project.

Beale & Company has significant experience advising on alliancing agreements in the water and rail industry and we await confirmation of Highways England’s approach to alliancing in the Autumn with interest.

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Nathan Modell and Nikki Baynes

A recent decision in Michael J Lonsdale (Electrical) Limited v Bresco Electrical Services Limited (In Liquidation) [2018] (TCC) has held that a company in liquidation cannot refer a dispute to adjudication when that dispute includes (whether in whole or in part) determination of any claim for further sums said to be due to the referring party from the responding party.

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