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.
Legal Review: January to June 2008
July 2008
Beale and Company
Several of the cases on which we reported in our 2007 Annual Review have been considered and, in some instances, overturned by the Court of Appeal since last December. Some cases of importance have also been decided during the first six months of this year. We have therefore published a half-yearly Legal Review.
Cover Confidential
July 2008
John Ward and Nick Gillies
Publication: Post 17 July 2008
This article examines West London Pipeline, June 2008, where the court declined to order disclosure of insurance details - departing from a decision in 2007 (Harcourt) where disclosure was ordered and is a follow-up to our piece on the Harcourt decision in 2007. The article will be of interest to the same readers.
A Slippery Slope
July 2008
Rachel Barnes
Publication: Building 25 July 2008
A recent order by a judge for a party to reveal its insurance details has sparked concern that such information could be requested all the time. In turn, this could lead to prejudice against the party that has to reveal this information in any further negotiations.
Briefing Note on the Section 75 debt and the Pensions Trust Growth
July 2008
Ed Anderson
The introduction of the Occupational Pension Schemes (Employer Debt) (Amendment) etc Regulations 2008 with effect from 6 April 2008 continues to highlight potential problems with the Section 75 debt on the employer and the Growth Plan administered by the Pensions Trust.
The Site Waste Management Plans Regulations 2008
June 2008
Mark De Freitas
From 6 April 2008 all construction projects in England with a value exceeding £300,000 must produce a Site Waste Management Plan or risk incurring penalties.
The glass is half full, Rupert
February 2008
Rachel Barnes
Publication: Building 29 February 2008
A commentary on the benefits of adjudications and the reasons why a (comparatively small) proportion of adjudicators' decisions are challenged in the courts.
Corporate manslaughter and Corporate Homicide Act 2007 – Guidance Note
January 2008
Sheena Sood
From 6 April 2008 organisations and their senior managers can be found guilty of the new offence of corporate manslaughter/homicide.
Legal Review: January to December 2007
January 2008
Beale and Company
Health and Safety Helpline
January 2008
Stephen Chessher
Problems on site do not restrict themselves to working hours. Even if they do you may well be concentrating on priorities such as clearing up the site and planning remedial measures. Undoubtedly you will produce an excellent response to the crisis for your client, but will you be helping yourself?
Snow and the NEC3 Standard Form of Contract
February 2009
James Vernon
The recent severe winter weather throughout the UK has not only brought Health and Safety concerns for Project Managers, Site Supervisors and Contractors but will lead to an increase in contractual claims for delay and disruption in the next few months.
Not much agreement here
December 2007
Rachel Barnes
Publication: Building 7 December 2007
A critique of the RIBA agreement for the appointment of an architect.
Directors' Duties - Changes from 1 October 2007
October 2007
James Hutchinson
From 1 October 2007, directors' duties became codified and enforceable under the Companies Act 2006. But will this increase the burden of bureaucracy on directors and stifle entrepreneurialism?
Withdrawal of taper relief - selling your business
October 2007
James Hutchinson
From 6 April 2008 all disposals by individuals, trustees and personal representatives are subject to a single 18% capital gains tax. This has implications for anyone selling their business.
Withdrawal taper relief – a buying opportunity
October 2007
James Hutchinson
From 6 April 2008 all disposals by individuals, trustees and personal representatives are subject to a single 18% capital gains tax. This may create opportunities for anyone looking to acquire owner-managed businesses.
Are cases becoming too complex for the appeal courts
September 2007
Rhian Howell
There has been a sea change in the willingness of the Court of Appeal to consider appeals on facts and especially those from specialist courts like the Technology and Construction Court.