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.
No duty on a solicitor to keep earlier advice under review
Antony Smith, James Hutchinson
Shepherd Construction Limited v Pinsent Masons LLP - No duty on a solicitor to keep earlier advice under review
On 13 January 2012, Mr Justice Akenhead in Shepherd Construction Limited v Pinsent Masons LLP [2012] EWHC 43 (TCC) clarified the scope of a solicitor’s retainer and any implied duty to keep earlier advice under review.
Antony Smith and James Hutchinson of Beale and Company acted for Pinsent Masons.
Scope of the Solicitors Retainer: Lessons from Lynch
Stephen Chessher
Network Rail prosecution over Grayrigg Crash
16/1/2012
Sheena Sood
Network Rail is facing criminal prosecution for breach of health and safety law in relation to the 2007 Virgin Trains Cumbrian rail crash at Grayrigg which killed one passenger.
The Health and Safety “Albatross”
6/1/2012
Sheena Sood, Eimear Skeffington
The Prime Minister has declared “war against the excessive health and safety culture that has become an albatross around the neck of British businesses”. Mr Cameron is also planning to meet with Britain’s leading insurance companies next month to investigate whether businesses are paying too much cover.
Mr Cameron believes that these changes will give “British businesses the freedom and discretion they need to grow, create jobs and drive our economy forward”.
Managing Keydata Claims
13/12/2011
Damian McPhun
Damian McPhun gives his views on the litigation and the issues facing IFAs regarding keydata.
Update on Financial Services Claims in Ireland
17 November 2011
Tara Cosgrove and Garrett Cormican
With the downturn in the economy, particularly the property market and volatility in the stock markets, claims against financial institutions, financial advisors and promoters of financial products have increased significantly.
Tara Cosgrove and Garrett Cormican provide an update and identify emerging trends.
Lenders’ Losses: What is the Responsibility of the Valuer?
10 October 2011
Stephen Chessher
Stephen Chessher gave a talk on 13 October 2011 to the Society of Chartered Surveyors Ireland titled ‘Lenders' Losses: What is the Responsibility of the Valuer'. Use the link above to download the full talk.
Location: Ireland
Surveyor Found Liable for £18.05m in Professional Negligence Action
October 2011
Sheena Sood and Paul Redfern
Capita Alternative Fund Services (Guernsey) Ltd & Anor v Drivers Jonas (A Firm) [2011] EWHC 2336 (Comm) (09 September 2011)
This was a substantial claim for professional negligence. On any view, it was a bad result for the Defendant surveyors, who have been found liable for damages of £18.05 million. However, in one fundamental respect, the result should be greeted with some relief by professional indemnity insurers. In short, it could have been a lot worse.
Use the link above for a full case note.
Location: UK
Additional rights for agency workers – The Agency Worker Regulations 2010
27 September 2011
James Hutchinson
The Agency Worker Regulations 2010 come into force on 1 October 2011. The Regulations grant additional rights to agency workers and are likely to have a significant impact on the construction and IT sectors.
James Hutchinson provides further details.
Location: UK
Part 36 offers: It's all in the timing
16 September 2011
Rachel Barnes
Publication: Building
In this article Rachel Barnes explains the consequences of one party making an offer to another party to settle litigation through a Part 36 offer, and describes how a recent Court of Appeal case has made it clear that the rules attaching to these offer differ from the common law rules concerning offer and acceptance.
The article was published in Building on 16 September 2011.
Location: UK
Insurance Compensation Fund
Stephen Chessher
The Insurance Compensation Fund (‘the Fund') was set up in 1964 to protect policyholders by providing funds for the payment of insurance claims following insolvency of an insurer.
Recent events, notably the administration of Quinn Insurance, have necessitated changes to the existing arrangements and resulted in the Insurance (Amendment) Bill 2011 published on 13 September 2011 which is now being fast tracked through the Oireachtas. It is expected to become law by the end of September 2011.
Stephen Chessher and Sean Carr provide an overview of the existing provisions and the changes introduced by the Bill.
Location: Ireland
Technology and Construction Court Annual Report 2009 – 2010
September 2011
James Vernon
The Technology and Construction Court (TCC) has published its annual report for the year 1 October 2009 to 30 September 2010. James Vernon provides a summary of the work being done in the Court in these straightened times as against past years.
Location: UK
Irish Solicitors PI Insurance: Changes to regulations and minimum terms
September 2011
Stephen Chessher and Michelle Kilroy
We last issued a bulletin on the Irish solicitors' professional indemnity insurance market in June this year. The future of the Solicitors Mutual Defence Fund was then unclear (other than that it had already announced that it would not be writing new business) and a master policy was being considered by the Law Society.
Since then the members of the Law Society have agreed in a postal ballot to provide financial support to the SMDF up to €16m over a period of 10 years in order to allow an orderly wind-down. And the Law Society has ruled out a master policy, at least for the next period of insurance.
The issues which led both to the near insolvency of the SMDF and to consideration of a master policy have not gone away and the Law Society has attempted to address some of those issues by way of changes to the Solicitors PII Regulations, the Minimum Terms and Conditions and the Qualified Insurers' Agreement which will have effect from next renewal 1 December 2011.
This note outlines the most significant changes.
Location: Ireland
NEC3 Professional Services Contract (PSC3)
August 2011
Rachel Barnes
Publication: Society of Construction Law
Earlier this year Rachel Barnes gave a talk to the Society of Construction Law (SCL) on the NEC3 Professional Services Contract (PSC3) from the consultants' perspective. This talk has now been published by the SCL and can be viewed using the above link. The paper looks in detail at the provisions concerning Key Dates, the Risk Register, prevention, Defects and the bases for limiting liability.
Location: UK
Beware "all reasonable endeavours
James Hutchinson
The High Court has found that a duty to provide "all reasonable endeavours" required a party to act against its own commercial interests.
In Jet2.com Limited v Blackpool Airport Limited [2011] EWHC 1529 (Comm), the Court decided that Blackpool Airport's obligation towards a low cost airline was within its control and that it was obliged to perform its duties even though the contract had become commercially unviable.
James Hutchinson looks at the use of "endeavours" clauses and their potential consequences.
Location: UK