Publications

Our lawyers contribute regularly to industry 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 Sector, Service and/or keyword. Articles over 1 year old are stored in our Publications Archive.

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Rhian Howell & Warren Owen

In one of the most important decisions this decade for those involved in professional negligence claims, the Supreme Court gave judgment today in BPE v Hughes-Holland (in substitution for Gabriel), the first case to consider Saamco in solicitors cases in the Supreme Court since it was decided in 1996.

In the lead Judgment Lord Sumption not only reaffirmed Saamco but also clarified how it should be applied in claims against professionals.

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Tom Pemberton

FIDIC have recently published the 5th edition of the Clients/Consultants Model Services Agreement ("the White Book"), together with the second edition of the Sub-Consultancy Agreement.

In this briefing note, Tom Pemberton highlights the key points which should be borne in mind when negotiating appointments based on the updated FIDIC agreements.

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Stephen Reilly

In the recent case of Zavahir v Shankleman & Others, the High Court has provided a reminder of the difficulty a shareholder faces in bringing a successful derivative action against company directors even where the derivative claim has strong merit.

In this article Stephen Reilly, Partner, discusses derivative claims and the potential alternative of a S.994 unfair prejudice petition remedy.

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Beale & Company and Atkin Chambers

Beale & Company and Atkin Chambers hosted a panel-led discussion earlier this year entitled 'Making PFI Work'. We were honoured to have Sir Antony Edwards-Stuart (Judge in Charge of the Technology and Construction Court until his retirement in November 2016) chair the panel of speakers. They consisted of Andrew Goddard QC and Stephanie Barwise QC of Atkin Chambers, and Tom Pemberton of Beale & Company.

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Sarah Conroy

A recent decision of the Court of Appeal confirmed that the provisions of the Montreal Convention governing international air travel applied to a claim for personal injuries mounted in relation to a fall while disembarking.

Sarah Conroy discusses the Montreal Convention and how it impacted a number of cases on this matter.

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Nuala McAnally & Conal O'Doherty

On 14 July 2016, the Irish High Court issued an important decision which clarifies the circumstances in which insurers can decline a claim due to the information provided in the proposal form.

Nuala McAnally & Conal O'Doherty discuss this decision and how it affected the outcome of the Richardson v Financial Services Ombudsman case.

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Tom Pemberton & Andrew Croft

The ACE Professional Services Agreement 2017 ("ACE PSA") is the latest standard form contract to include an "early warning" regime, as highlighted in our summary of key points in our recent note on ACE PSA.

Tom Pemberton and Andrew Croft discuss early warning regimes and how they aim to "flush out" issues at an early stage before they escalate. However, they are not without their risks and need to be managed carefully.

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Stephen Reilly

Last week the High Court handed down judgment in Denning v Greenhalgh Financial Services. This is the latest in a run of cases helpful to all professionals and their Insurers as regards the extent of a professional's duty to advise. In this article Partner, Stephen Reilly, reviews the key points of the case and provides comment on the judgment.

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