Legal Comment – Page 105
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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?
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CommentThe clues are all there …
Under the DTI review, payers and payees call in the adjudicator if they can't agree how much is due. The referee must rule on the spat, but shouldn't play detective
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The subtle art of legal drafting
On the surface, the JCT 2005 extensions of time clauses appear unchanged, but a closer look at the new wording suggests they could prove quite tricky
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CommentOne-star review
The DTI has unveiled its proposals to amend the Construction Act. But if the government wants to stop payment abuses, it's not really going about it the right way
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CommentJust don't do it
Adjudicators who try to dig up supporting evidence where it is lacking are committing a grave error - and playing into the hands of their detractors
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CommentMr Jackson's justice
Up until now, PFI contracts have contained clauses intended to separate contractors from their statutory rights. This is not lawful
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Not bad, not biased and not barking
Depending on who you ask, the new NEC contract displays favouritism to contractors or employers. In fact, it is the lawyers who amend it who are causing the problems
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CommentBosses beware
his year is going to be packed with changes to employment law. This is what you need to know on age discrimination, illegal workers, TUPE and more …
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CommentA night to regret
What happened to my mate Trevor after the Christmas party? He seemed so chatty, so relaxed. And a few hours later he was banged up in a police cell …