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.
Puzzling Arithmetic
17 April 2009
Rachel Barnes
Publication: Building
If two parties are jointly responsible for damage, who pays, and how much? The answer to this question is often surprising (and dismaying) for one of the parties...
Hook a Director for his Company's Debts
March 2009
James Hutchinson
A recent case, drawing on an archaic nineteenth century statute, opens up another route for creditors to make directors personally liable for their company's debts. The Court of Appeal held that a director, who signs a contract on behalf of his company, might be making an implied representation about the company's ability to perform that contract and be liable in deceit if he knows that representation to be false.
RTS Flexible Systems Ltd v Molkerei Muller GmbH & Co KG
March 2009
Beale and Company
Notes on the Court of Appeal decision in RTS Flexible Systems Ltd v Molkerei Alois Muller GmbH & Co KG on 12 February 2009.
Fizpatrick Contractors v Tyco Fire & Integrated Solutions
March 2009
Beale and Company
Notes on the TCC decision in Fizpatrick Contractors v Tyco Fire & Integrated Solutions on 20 February 2009.
Duties on UK pension fund trustees to pursue claims in the US
March 2009
Ed Anderson and Lianne Shing
Two local authority pension schemes have launched legal action in the US against the Royal Bank of Scotland (RBS) and others are considering joining them.
Then there's the fungal mould...
13 February 2009
Rachel Barnes
Publication: Building
The JCT has just released a consultancy agreement for larger projects. Here's what you should be aware of before you go ahead and sign it.
FSA publishes Retail Distribution Review feedback statement
February 2009
Ed Anderson
As part of the Retail Distribution Review the FSA has published its final proposals for the future of the retail market for investment products.
Legal Review: January to December 2008
January 2009
Beale and Company
Partnerships and Age Discrimination
January 2009
Michael Archer
The Employment Appeal Tribunal gave its judgment on the case of Seldon v Clarkson Wright & Jakes on 19 December 2008. This case concerns the application of the Age Discrimination law to a Partnership where a Partner (Mr Seldon) had been required to retire at 65 by virtue of his Partnership Agreement.
In this article, Michael Archer of Beale and Company Solicitors reviews the EAT's analysis of the arguments presented by the parties both for and against the retirement clause, to see which found favour and which did not.
New Guidance on Pre-packaged Sales in Administrations
January 2009
James Hutchinson
On 1 January 2009, the Statement of Insolvency Practice 16 (E&W) titled "Pre-packaged sales in administrations" came into effect. This SIP is one of a series of guidance notes issues to licensed insolvency practitioners, with a view to maintaining standards by setting out required practice and harmonising practitioners' approach to particular aspects of insolvency.
A Guide to Recovering Problem Fees
December 2008
John Henderson
This is a practical guide to what you can do to improve your chances of recovering problem fees. The idea is that it can be used as the starting point for the management and efficient recovery of those fees.
You've made one tiny mistake
21 November 2008
Rachel Barnes
Publication: Building 21 November 2008
I am constantly warning consultants against taking on absolute obligations, or indeed any obligation more onerous than to exercise the reasonable skill and care expected of their profession.
Switch or ab initio novation – a review of the principles and the liability issues for consultants
October 2008
Rachel Barnes
Rachel Barnes' article "Assignment and Novation - as they affect Consulting Engineers" dated February 2003 dealt with the general principles. Since then, the debate in the construction industry has focused on the "switch" and "ab initio" forms. This review provides a guide to these two forms and their liability implications for consultants.
A False Friend
September 2008
Rachel Barnes
Publication: Building 29 September 2008
In a recent article (13 June 2008, page 70) Tony Bingham enthusiastically welcomed the RICS standard and short forms of contracts for appointing consultants, and the clarity of the tick-box approach as a means of identifying what quantity surveyors and others are supposed to do. However, there are matters in the conditions to the standard form that could be cause for concern to consultants.
Farewell to Financial Assistance ... Almost
September 2008
James Hutchinson
Companies involved in acquisitions or looking to restructure should celebrate the imminent demise of the prohibition on financial assistance including the whitewash procedure. The Companies Act 1985 prohibits companies from giving financial assistance for the purchase of shares in themselves but this will be repealed by the Companies Act 2006 in relation to private companies, with effect from 1 October 2008.