Stephen Reilly

In this article Partner, Stephen Reilly, discusses the increasing use of ADR in HMRC disputes and the recovery of resulting legal costs.

Beale & Company are frequently instructed in tax litigation related matters. Our clients are often surprised to find out that (i) ADR is available to settle tax disputes with HMRC and (ii) even if a taxpayer unsuccessfully challenges a tax assessment before the First-tier Tribunal, they are not generally entitled to recover their legal costs of doing so from HMRC.

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Stephen Reilly and Andrew Jones

In the recent decision in Higgins & Others [2017] EWHC 2190 (Ch), it was shown once again that, despite increased leniency for errors of civil procedure during the course of proceedings, the Courts will still take a strict approach to the defective service of Claim Forms at the commencement of proceedings.

In this article, Stephen Reilly and Andrew Jones, provide an overview of the case and highlight the importance of checking that all requirements have been complied with on service of proceedings before filing an Acknowledgement of Service and Defence.

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James Hutchinson, Sheena Sood and Sophie-Rose Bowen

After a long period of discussion, the Ministry of Justice has published a new Pre-action Protocol for Debt Claims (“the Protocol”), which came into force on 1 October 2017. Parties must ensure that they comply with the Protocol, before issuing any claim to recover their debts.

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Mary Smith

Publication: The Insider

Delays in litigation are inevitable, however the Irish courts are becoming less tolerant of unnecessary deferrals. Mary Smith, Associate, explains the grounds for striking out stale claims based on recent case law.

This article was first published in the September 2017 issue of The Insider.

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Sarah Conroy & Karen Elliott

The much anticipated Mediation Bill 2017 was signed into law by the President yesterday. The Act places a statutory obligation on all practising solicitors to advise their clients about mediation prior to issuing legal proceedings.

Sarah Conroy and Karen Elliott provide an update on this new Bill and comment on how this could improve effective and early resolution disputes.

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Sheena Sood and Nathan Modell

Publication: Building

In the latest article for Building, Sheena Sood and Nathan Modell discuss the recent TCC case of Trant Engineering Limited v Mott MacDonald Ltd. The first judicial consideration of BIM asks whether an interim application for an injunction restoring client access to the project BIM should be granted.

To read the full article, please click on the link below.

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James Hutchinson

The new Data Protection Bill was given its first reading in the House of Lords last week. In this article James Hutchinson identifies the main objectives of the Bill which aims to provide continuity of data protection standards in the UK following Brexit.

To read the full article, please click on the link below.

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Andrew Croft and Komal Fayyaz

Following a mandate by the Dubai Municipality in 2013, BIM is increasingly being used on large scale projects in the UAE. However, unlike in other jurisdictions, such as the UK, few standards have been developed for the use of BIM in the UAE. In addition, the BIM approach is often not reflected in the contracts. This means that the obligations and responsibilities in respect of BIM may be unclear, so it is important that the applicable standards and the contractual position on any BIM project are considered carefully.

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