Legal Comment – Page 102
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CommentStop right there
The Wembley judgment contains all the rough and tumble we expect from a good old construction dust-up, and some pertinent lessons for the 2012 Olympics organisers
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CommentThe correct use of courts
The legal system would work a lot better if it were used as a last chance to settle disputes, rather than a blunt instrument to beat, baffle and bore one's enemy into submission
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CommentYou'll do …
The subbie that designed and built some duff football pitches in Scotland wisely went out of business before it could be sued. But what about the architect?
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CommentYou be the judge
TCC judges have ventured into new territory with the launch of a mediation service. So will we make good mediators? That's for you to decide
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CommentSuburban concerns
Housebuilders in the South-east may think home owners who are selling their gardens in the deal have no worries. But they are overlooking the impact of capital gains tax
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CommentStop right there
Imagine a world where it's possible to spot disputes before they happen. Impossible? Not if you believe in FIDIC's new superhuman dispute boards
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CommentTax and spend
The public doesn't really know what a section 106 agreement is. If it did there'd be trouble, especially now it is used for all manner of community largesse
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CommentWas Ellis right on Wallis?
The Wallis adjudication turned on whether expert evidence was relevant, and whether there was time to investigate it within the 28 day limit. This is how it went
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CommentThe pursuit of truth
Why has a tiny dispute about windows ended up at the Appeal Court? Because one party had a major allegation - that key facts were witheld at the first trial
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CommentJudging the judges
There's no doubt that as decision-makers TCC judges are a class act, but will that make them good mediators? The Chartered Institute of Arbitrators thinks not
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CommentWhat have you got?
Whether it's litigation, arbitration or adjudication, it would all run much more smoothly if everyone showed their hand right from the start
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CommentAn unlikely story
According to the JCT, certifiers are supposed to be impartial even though they're being paid by the client. So does anyone on Planet Earth believe that they are?
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The greater good
The treatment of Sir Roy Meadows, the paediatrician who gave evidence in the case of Sally Clarke, raises larger issues about how we protect the judicial process
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DGP International
An article in our legal column (13 January 2006, "Having it large") referred to the case between Shawton Engineering and DGP International.
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CommentOne thing straight
When the DTI asked an industry mob to discuss the Construction Act, a fight quickly ensued - but those present showed great solidarity on another issue
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CommentLet us examine the facts
We have to suspend disbelief when watching TV heart-throb Judge John Deed hand out justice from the bench - but in the jury room he's very convincing
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CommentBeware of mental wizards
The courts have just slapped down an adjudicator who based a decision on his own views not the arguments presented. Now, why is that such a rare event?
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CommentGreater expectations
Now we've started to use JCT2005, it's clear that contractors and contract administrators will have to handle extensions of time with more care
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CommentNoises off
The adjudication meeting was action-packed and one party swears it never heard an argument presented by the other. Can the decision still stand?