All Case law articles – Page 5
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CommentPre-action protocol: How not to impress a judge
The pre-action protocol is a simple, practical measure that’s meant to save money and keep you lot out of court. So don’t go getting too clever about it
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Comment
Adjudication to recover fees: Wishing you a speedy recovery
Consultants should be aware of the full range of tools at their disposal for recovering their fees. Adjudication offers a possible alternative to traditional methods
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CommentDispute resolution boards in Dubai: First dabs
Resolving construction disputes in Dubai can be complex, but dispute resolution boards can help prevent such wrangles arising in the first place
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CommentInsolvency law: Flogging a dead horse
Despite changes to the law since the last recession, Chris Hill and Amanda Greenwood say that, as far as insolvency is concerned, adjudication rights are unclear
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CommentRICS consultancy form: A false friend
The RICS’ forms for appointing consultants may be easy to use, but they have some distinctly hostile implications for those who sign them without amendment
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Lianakis AE v Alexandroupolis: Ability don't enter into it
The European Court of Justice has made it clear that public bodies cannot take account of a bidder’s capacity to do the job at the award stage
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CommentNovation: Wise precautions
If you’re a contractor and you’re asked to accept the novation of a consultant, make sure it really is going to be joining you – and be careful which form you use
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Claims for falling property values: A turn for the worse
If a housing scheme is delayed and the property market slumps, can developers recover damages for the decrease in value?
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CommentHow much is a life worth?
Companies convicted under the Corporate Manslaughter Act face fines of up to 10% of turnover, but this doesn’t necessarily amount to much, says Jan Burgess
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CommentCJP Builders vs William Verry: Some verry fine distinctions
This case highlights the importance of adjudicators giving parties the chance to be heard. But in other cases they are right to disregard submissions
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Construction Act: Pay up or else
Today is the last day to respond to the draft bill amending the Construction Act. The bill tries to clarify payment procedures – but will it lead to a battle of notices?
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CommentA matter of some interest: Ruttle vs secretary of state for the environment
It can be difficult to judge when interest on money owed starts to run. But firms will get short shrift from the courts if they claim without having issued an invoice first
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EEC contract: Get with the programme
With a continuing shortfall of project managers in the construction industry, making the ECC work at the Olympics will not be easy
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Disputes in the desert
With construction wrangles in Dubai likely to increase, you’ll need to know how to go about resolving them …
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CommentGalliford Try vs Mott MacDonald: A sense of loss
If a consultant causes a contractor economic damage, does it have to compensate the wrong party even if there is no contract between them?
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CommentRecord keeping: The art of self-defence
Conscientious record-keeping can give you invaluable ammunition should you want to blame others when things go wrong. Worth every dull moment
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CommentA slippery slope
A recent order by a judge for a party to reveal its insurance details has sparked concern that claimants will now be able to request this information all the time
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CommentA question of loyalty
State your case - An expert witness’ duty is to the court, but Barry Milton has encountered many who wouldn’t dream of contradicting their clients
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Party Wall Act: Good news for good neighbours
A recent decision on the Party Wall Act means that those who consent to a party wall notice are still protected by the act if a dispute arises
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Sharpening the knives in Dubai
Despite the number and scale of construction projects in Dubai, disputes have been few and far between. But several recent changes could set the lawyers’ phones ringing