DAC Beachcroft

This Practice Note on limitation periods in professional negligence claims provides practical guidance and tips on how to ensure a claim is brought within time and to identify when a claim is already statute barred.

This Practice Note offers practical guidance on the use of Norwich Pharmacal Orders with a particular focus on the criteria to be satisfied and the procedural steps involved. It also examines recent and leading case law and highlights anticipated reforms.

This Practice Note on parties to a professional negligence claim provides practical insight on (i) how to identify the proper parties to a claim and (ii) how liability may arise outside of the conventional client-professional relationship.

This Practice Note considers security for costs under the Rules of the Superior Courts and the Companies Act 2014 (Ireland). It explains what an order for security for costs is, the court’s jurisdiction for making an order for security for costs and who an application for security for costs may be brought against. There is also guidance on security for costs in appeals, the practice and procedure in bringing an application for security for costs and the sufficiency and form of security.

This Practice Note on professional negligence claims provides practical guidance and tips for bringing a professional negligence claim. It covers immediate considerations from identifying the duty (contractual, tortious or both) and the alleged breach, the loss and remedy sought, including causation, quantum and duties to mitigate. It also considers limitation of actions, settlement ADR and enforcement, the role of insurers in a professional negligence claim, starting the claim, disclosure and evidence and cross-border considerations.

This Practice Note considers the termination provisions in the JCT contracts. It looks at termination by the Employer, termination by the Contractor and situations in which either party may terminate, along with the consequences of termination under the JCT contracts.

This Practice Note considers the termination provisions in the NEC contracts. It looks at termination by the Client, termination by the Contractor and situations in which either party may terminate, along with the consequences of termination. It covers both the NEC3 and NEC4 contracts.

This Practice Note examines termination of a construction contract (or termination of a contractor’s employment under it). It provides guidance on termination at common law for repudiatory breach (repudiation), including affirmation, anticipatory breach and the consequences of common law termination, termination for breach pursuant to a contractual provision and termination at will (also known as termination for convenience). It also looks at the effect of termination on liquidated damages.

This Practice Note examines what the consequences of a party becoming insolvent are, under the Insolvency Act 1986 (IA 1986), the Corporate Insolvency and Governance Act 2020 (CIGA 2020), and under the most widely used standard form construction contracts. The JCT and NEC contracts both contain detailed provisions setting out what constitutes insolvency for the purposes of the contract and what the rights of the parties are in these circumstances.