Publications

Age Discrimination and Partnerships - The Seldon Appeal
August 2010

Michael Archer

Many firms have in their partnership or LLP agreements a requirement on partners to retire at a certain age. As you will know, that provision is potentially discriminatory and so may be unenforceable, or if enforced against an unwilling partner, may give rise to a damages claim.

Michael Archer reports on the Court of Appeal decision in the case of Seldon v Clarkson Wright and Jakes where, in the circumstances of that firm, the compulsory retirement clause was upheld. The case gives important guidance on what justification for having a compulsory retirement age will stand up to legal scrutiny.

A review of the Arbitration Act 2010
August 2010

Tara Cosgrove and Fiona Kearns

Arbitration is being employed more and more frequently in Ireland particularly in insurance, construction and property disputes. It is perceived to have a number of potential advantages over Court proceedings including being more cost effective, flexible, speedier and confidential.

The recent introduction in Ireland of the Arbitration Act 2010 ("2010 Act") is expected to harmonise existing Irish Arbitration rules and procedures with international standards by adopting the text of the Uncitral Model Law on International Commercial Arbitration ("Model Law") into Irish law. There are a number of new measures introduced which are anticipated will aid the efficient conduct of arbitral proceedings.

Tara Cosgrove and Fiona Kearns review the general procedure followed from commencement to conclusion of arbitral proceedings and highlight the new changes brought in by the 2010 Act.

Report Writing
August 2010

Rachel Barnes

Substantial claims can arise out of matters contained in consultants' reports.

Rachel Barnes provides some guidance to writing reports.

Equality Act 2010

Martin John and Andrew Croft

Martin John and Andrew Croft consider the impact on employers of the reforms to be brought about by the Equality Act 2010 ("the Act"). The majority of the Act is due to come into force in October 2010 and some changes may be required to policy and practice.

Construction Contracts Bill 2010

Tara Cosgrove and Mary Smith

Pensions Transfer Advice
July 2010

Sheena Sood and Andrew Croft

On 13 July 2010 the FSA and the Pensions Regulator issued a joint statement on pensions transfer advice.  This note outlines the areas which financial advisory firms involved in giving pensions transfer advice to members of defined benefit occupational pensions schemes should be aware of.

Valuers’ Negligence: the permissible “margin of error”
July 2010

Sheena Sood and Kristina Vongas

This note provides a summary of the recent decision in K/S Lincoln and others v CB Richard Ellis Hotels Limited [2010] EWHC 1156 (TCC), which confirmed that whilst a valuer might be in breach of duty because he fell below the standard of a reasonable valuer in his methodology, that valuer will not be liable in negligence if it can be shown that, notwithstanding the error, the valuation figure that he produced was within a reasonable bracket.

New ICAEW Minimum Terms
July 2010

Ed Anderson

The ICAEW has recently announced revisions to their Minimum Terms, Ed Anderson outlines the main changes.

Provision of Services Regulations 2009
June 2010

James Hutchinson

GUIDANCE AND CHECKLIST FOR CONSTRUCTION PROFESSIONALS

The Provision of Services Regulations 2009 (the "Regulations") came into force on 28 December 2009 and require the majority of private sector businesses providing services in the UK to make information available to clients and to deal with client complaints promptly.

James Hutchinson provides guidance on the regulations and how they apply to construction professionals.

RIBA Standard Conditions for Appointment for an Architect 2010
June 2010

Rachel Barnes

Following the publication of their new Agreements earlier this month, Rachel Barnes gives an overview of the Standard Conditions.

Emergency Budget VAT Increase
June 2010

James Hutchinson and Stephen Milne

In the Government's Emergency Budget on 22 June 2010 it was announced that the standard rate of VAT will increase from 17.5% to 20%. This will take effect from 4 January 2011 and it could have a significant impact on cash flow for a number of consultants. James Hutchinson and Stephen Milne of Beale and Company outline some steps consultants can take to reduce this exposure.

Contract Formation
4 June 2010

Rachel Barnes
Publication: Building

It can sometimes be difficult to know whether a contract has been formed and adjudicators are going to have to grapple with this more frequently when the Construction Act amendments come in. Rachel Barnes considers this in the light of the RTS Flexible Systems case.

Third Parties (Rights against Insurers) Act 2010 - Disclosure Obligations
June 2010

Paul Redfern

On 25 March 2010, the Third Parties (Rights against Insurers) Act 2010 ("the Act") received Royal Assent and became law in England and Wales.

One of the key changes implemented by the Act is the clarification of the regime governing a Claimant's ability to seek information from an insurer in the event that their insured company is in liquidation. This note aims to outline what information a Claimant can request under the Act, and how an insurer must respond to such a request for information.

The Provision of Services Regulations 2009
June 2010

Joe Eizenberg

The Provision of Services Regulations 2009 came into force on 28 December 2009. They require most professionals to provide certain information to their clients, including information about professional indemnity insurance if the professional is required to hold such insurance. Joe Eizenberg considers the requirements concerning professional indemnity insurance.

Has a contract been formed?
April 2010

Christopher Cullen

The RTS Flexible Systems case (Supreme Court, March 2010) illustrates the problems that can occur if the terms of a contract have not been agreed before work starts. Christopher Cullen reports on this case.