Publications
Our lawyers contribute regularly to industry, insurance 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 practice area and/or keyword.
New Rules in relation to Disclosure
May 2013
Nick Gillies
A raft of new civil procedure rules took effect on 1 April 2013 following the Jackson Report in an attempt to reduce the cost of litigation. The changes include new rules in relation to disclosure, which are summarised in this article.
Construction Quarterly Case Review - May 2013
May 2013
Stephen Milne and Marc Jones
There have been some interesting cases over the last few months which are of particular significance to the construction sector. For example net contribution clauses being put under the spotlight, consideration of the SAAMCO principle and a clause imposing an obligation of good faith. The team at Beale and Company have summarised these recent cases and will be doing the same thing on a quarterly basis going forward in order to keep you all updated.
Contractual Limitation Periods - Making sure the time is right
May 2013
Tom Pemberton and Andrew Croft
Construction contracts commonly include clauses which aim to extend, shorten or preserve the statutory limitation period. Case law in respect of such clauses demonstrates that their effect is less than clear-cut. This underlines the need to carefully consider the applicable limitation period when negotiating and drafting a contract, in order that the position is clear should a dispute arise. A failure to do so could prevent a party from recovering losses suffered under the contract.
Quarterly Case Review - May 2013
May 2013
Stephen Milne and Marc Jones
There have been some interesting cases over the last few months which are of particular significance to insurers and their insureds who are in the construction and professional practices sectors. For example net contribution clauses being put under the spotlight, consideration of the SAAMCO principle, legal advice privilege and a claim for breach of trust. The team at Beale and Company have summarised these recent cases and will be doing the same thing on a quarterly basis going forward in order to keep you all updated. Click on the link above for the May Quarterly Update.
CIOB Complex Projects Contract 2013
May 2013
Tom Pemberton and Ibaad Hakim
The Chartered Institute of Building has, following consultations held in 2012, launched its Complex Projects Contract 2013. The contract is intended for complex projects, in the UK or internationally, which have certain features. This article outlines some of the salient features of the CPC 2013 and its approach to dispute resolution.
Changes to Part 36 - Offers to settle
April 2013
Sheena Sood and Josianne El Antoury
The Jackson Reforms, which came into force on 1 April 2013, have made some substantial changes to the Part 36 regime. The Civil Procedure (Amendment) Rules 2013 (SI 2013/262) introduce a revised CPR 36.14(3) which applies to Part 36 offers made on or after 1 April 2013 and which provide an additional incentive for claimants to make Part 36 offers.
The Jackson Reforms and implications for the TCC
April 2013
Sheena Sood and Josianne El Antoury
The Jackson Reforms came into force on 1 April 2013. In this article we outline some of the particular issues to look out for in relation to disputes in the Technology and Construction Court (TCC).
Net contribution clauses under the spotlight
April 2013
Tom Pemberton and Andrew Croft
There has been little reported case law dealing with net contribution clauses. On the basis of this, there has been some debate as to whether, or how, they would be enforced. This articles looks at some recent cases that have attracted attention.
Pyrite Resolution Board Update
April 2013
Sarah Conroy and Elaine Gorman
In December 2012 the Minister for the Environment, Phil Hogan, established a Pyrite Resolution Board (PRB) to oversee the implementation of a comprehensive remediation scheme for private dwellings affected by significant pyrite heave. The Board is now fully constituted and comprises John O'Connor (Chairman), Caroline Gill, Paul Forde, Sean Balfe, and Matt Gallagher.
They held their first meeting on 25 February and also met recently with the Joint Oireachtas Committee. Click on the link above for our update on developments.
Irish Arbitration Act 2010
April 2013
Sarah Conroy and Elaine Gorman
The Irish Courts have traditionally refused to stay proceedings in circumstances where a significant "step" has been taken by one of the parties in court proceedings. A recent decision of Mr Justice Hogan in the Irish High Court addresses the issue of what constitutes a "step" in proceedings sufficient to prevent a party from relying on an arbitration clause in an agreement.
Legal Privilege - Decision hints privilege should be expanded
April 2013
Sarah Conroy
Publication: Accountancy Ireland
Legal advice privilege has traditionally been restricted to confidential communications between a client and a lawyer in connection with the giving of legal advice and entitles the client to refuse to disclose (and to have his lawyer refuse to disclose) those communications. A recent decision of the uk supreme court appears to suggest that legislation could extend this privilege to cover advice given by professional accountants, as Sarah Conroy explains.
GHN Seminar - Collaborative Working
April 2013
John Henderson, Will Buckby, Robert Care, Steve Bamforth
Beale and Company in association with the GarrickHouse Network held a seminar on Collaborative Working on 8 April 2013. This document contains the presentation materials and supporting documents from the seminar.
(Pot)holes in the Highways Agency's MAC Contract?
April 2013
In the recent case of Atkins Ltd v Secretary of State for Transport [2013] EWHC 139, Akenhead J in the Technology and Construction Court considered whether the existence of
an excessive number of potholes constituted a compensation event under the Highways Agency Managing Agent and Contractor Contract (the "MAC").
The Courts Bill 2013
March 2013
Sarah Conroy and Gemma Ni Chaoimh
On 19 March 2013, the Irish Minister for Justice, Equality and Defence, Mr. Alan Shatter T.D., announced the publication of the Courts Bill 2013.
The Bill as published proposes reform of the monetary jurisdictions of the District and Circuit Courts in civil proceedings which have remained unchanged since the Courts Act 1991, as well as other minor changes.
Click on the link above to read more.
Safety Health and Welfare at Work Regulations 2013
March 2013
Sarah Conroy
The Regulations are due to be enacted in June 2013. A period of consultation during which the public and other interested parties were invited to give their views and comments on the draft regulations ended in December 2012.