Legal Comment – Page 70
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CommentThe importance of witnesses: Suárez vs Evra
When Luis Suárez ended up in front of the FA tribunal in the race row with Patrice Evra, both appeared as witnesses - and what we heard determined the case
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CommentLeander vs Mulalley: In your own time, gentlemen, please
A contractor tries to claim loss because the subcontractor isn’t ‘getting on with it’. But what if the subbie is working hard - only to a different clock?
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Leander vs Mulalley: Getting contracts right first time
Tony Bingham outlines the mess that Mulalley got in over a badly drafted contract - here’s how to avoid these pitfalls and side-step costly adjudication
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CommentGalliford Try vs Lanes Group: Premature adjudication
An adjudicator who outlines a preliminary view needs to make sure he’s not reached a final decision too soon
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CommentGalliford Try vs Lanes Group: Forum shopping
The practice of ‘forum shopping’ as mentioned in Tony’s article may be unappealing to some, but any attempt to legislate against it will cause a trolleyful of problems
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CommentMeddling with VAT invoice clauses can sting you
Payment notices are being complicated by lawyers meddling with clauses relating to VAT invoices. This could invalidate the contract and lead to some nasty surprise
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CommentDeals in writing: Noel's house party poopers
TV presenter Noel Edmonds learnt the hard way that if a deal’s not put in writing, it’s a no deal
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CommentThe practices of funders' lawyers in 2011
Funders’ lawyers are imposing onerous terms on contractors, passing them off as ‘market standard’. Here’s the kind of shenanigans they got up to last year
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CommentLitigation: The long and short of it
Eternity is very long, said Woody Allen - especially towards the end. Here’s a case that proves the point
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CommentThe legal view: 2011
Not all of this year’s cuts were bad but not all of the government’s actions were positive either. Here’s a round-up of 2011’s legal developments …
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CommentSuspending works for non-payment: What's changed?
The right to suspend works for non-payment has been dramatically broadened and it could have a big impact on relations between main contractors and their subbies
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CommentContracts and business common sense
The problem with common sense is that it’s not that common. At least now the Supreme Court has affirmed that you can use it if a contract is drafted in an ambiguous way
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CommentDispute boards should decide, not recommend
Americans like dispute boards to recommend not make binding decisions, but over here we like a bit more certainty
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The ghosts of Libya: The legal landscape
If you have a business interest in Libya, you’ll be on the edge of your seat wanting to know how the new legal landscape is shaping up there
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CommentJCT consultation: Life cycle considerations
Should life cycle considerations be built into building contracts and project planning? The JCT is launching an industry consultation with this in mind, so start thinking
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CommentRainy Sky vs Kookmin Bank: Common sense prevails
Be reassured that commercial agreements you make will be upheld in a common sense way by the courts, as demonstrated by the Supreme Court’s recent decision on this case
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CommentCarillion vs Smith: Don't take part if you don't agree
If you don’t think an adjudication should take place, don’t just go ahead with it - either press pause or get out altogether
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CommentCarillion vs Smith: Adjudicating the same dispute
The principle that the same dispute cannot go to adjudication twice has just been upheld in the court, making it clear that simply repackaging the issues is not acceptable
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CommentDeeds: Signed, sealed, delivered
Deeds hark back to the time of Dickens and used to be delivered by hand. But how do they work in the 21st century? A recent case reveals the answer