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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David McArdle & Michelle Bakker

Professional Indemnity Insurers will be interested in a recent Court of Appeal decision which found that it is not in the public interest to refuse a claimant damages from a negligent conveyancing solicitor, where the underlying transaction was tainted with illegality in Stoffel & Co v Ms Maria Grondona [2018] EWCA Civ 2031 ("Stoffel").

In this article David McArdle and Michelle Bakker explore the key points of the case and the decision.

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Sadaff Habib

Publication: Kluwer Arbitration Blog

Sadaff Habib, a solicitor in our Dubai office who is also the assistant editor for the Africa region at Kluwer Arbitration Blog, has written her latest article - Spotlight on Ethiopia as it Annuls a Euro 20 million Arbitral Award.

In this article, Sadaff addresses the issues that have arisen from the Courts decision, including whether or not the Court had jurisdiction and authority to decide on the nullification of an arbitral award issued under the EDF Rules; whether or not the tribunal err on a point of law and what is the impact of the Court's decision in Ethiopia and on EDF Cases.

You can read Sadaff's article here. If you have any questions, please do not hesitate to get in touch with Sadaff or your usual contact in the firm.

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Will Buckby and Andrew Croft

Highways England has announced plans to procure Smart Motorways through a ten year alliance arrangement, as part of a new business model expected to deliver £400m-£600m a year of work.

The proposed model, of the type operated in the water and rail industries, is a radical new plan for highways. Given the shared risk and reward and the limited access to dispute resolution procedures, it requires a very different mind-set to traditional procurement methods giving rise to different risks.

In this article, Will Buckby and Andrew Croft report on this new venture and explain the different steps required for this to be a successful project.

Beale & Company has significant experience advising on alliancing agreements in the water and rail industry and we await confirmation of Highways England’s approach to alliancing in the Autumn with interest.

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Nathan Modell and Nikki Baynes

A recent decision in Michael J Lonsdale (Electrical) Limited v Bresco Electrical Services Limited (In Liquidation) [2018] (TCC) has held that a company in liquidation cannot refer a dispute to adjudication when that dispute includes (whether in whole or in part) determination of any claim for further sums said to be due to the referring party from the responding party.

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James Vernon

Payment remains a hot topic in the construction industry. Many SMEs are still feeling the pinch from Carillion's administration while larger firms are trying to balance the growing calls for fairness in payment provisions with tighter margins.

In August's edition of our Construction Update, James Vernon looks at the issue of payment practices and retention.

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Sarah Conroy & Jennifer Havard

The Health and Safety Authority ("HSA") recently published its Annual Report for 2017. It is the second Annual Report to be published under the Authority's strategy for 2016 to 2018.

The HSA is responsible for ensuring adherence with health and safety legislation across a diverse range of sectors including agriculture, chemicals and construction.

In this article, Sarah Conroy and Jennifer Havard provide an update on the Annual Report and provide a review on what will follow in the coming years.

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Tara Cosgrove & Cian O'Gorman

The government has published the Report of the Fire Safety Task Force, which was commissioned to review and make recommendations on fire safety in Ireland.

The Report primarily focused on two areas: high-rise buildings and multi-storey, multi-unit social housing, but the findings also contain recommendations in relation to a broader review of existing fire safety arrangements in Ireland.

In this article, Tara Cosgrove and Cian O'Gorman examine the Report and provide a summary of its key findings and recommendations.

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Andrew Jones

The court considers on appeal whether a defendant can take advantage of a claimant's error, following the surprising first-instance decision in Woodword v Phoenix Healthcare earlier this year.

In this article, Andrew Jones discusses this appeal decision, and the impact it will now have on cases such as these going forward.

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