Legal Comment – Page 58
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CommentLegal brief: Right to light consultation
As the submission period for the consultation closes, the law commission starts its journey through a maze of competing issues
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CommentLegal brief: Duration of disputes
Figures from EC Harris reveal that the duration of disputes in the construction sector in 2012 increased by a third compared to 2011
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CommentThe paperless trial
Technology has already transformed how lawyers deal with information in court - and soon those heavy briefcases could be a thing of the past
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CommentThe sudden death clause
It seems that a contract can contain all sorts of cheering words about partnering and still allow a termination without explanation. Don’t worry, it all makes sense to lawyers …
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CommentDamage limitation
Damages-based agreements give parties the freedom to choose how they wish to share the cost and risk of litigation. So, how do they work?
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CommentProject bank accounts: What's not to like?
Project bank accounts provide security of payment to contractors, reduce supply chain risk and even save the client money. They just need to be set up properly
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CommentLondon 2012 suppliers: Big yourself up
Recent reports indicate many eligible firms have yet to apply for a recognition licence from the BOA. But London 2012 suppliers should take advantage - the benefits are well worth it
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CommentArchitect standards: Wrap them up in cotton wool
When things went awry with the Wests’ riverside home, and the builder was already insolvent, they sued the architect. Why? He should have taken better care of them
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CommentParty wall disputes: The end of the party
When a claimant drops a claim, they become liable to pay the defendant’s costs in party wall cases. But the Court of Appeal has recently issued guidance on when the courts can ignore this
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CommentWalter Lilly vs Mackay: A curate’s egg
Walter Lilly vs Mackay grabbed headlines and produced a lengthy judgement. But exceptional cases should not set general precedents in law
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CommentArchitects Registration Board: Know your place
An architect has been struck off for getting into debt. But is this really ‘professional misconduct’ to anyone other than the Lord Snootys of the profession?
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CommentSSIs: Beware the newts
Sites of special scientific interest can be a major barrier to development - even if you have planning permission. Here’s what to look out for
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CommentLegal brief: Do architects certificates operate as contracts?
A decision by Mr Justice Akenhead in a recent case provides some clarity
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CommentWillmott Dixon vs Newlon: A case in points
Tony Bingham’s column on the recent Willmott Dixon vs Newlon Housing dispute focused on procedural objections - but there’s an awful lot more to the case than that
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CommentWind farms: Second generation
A lot of lessons have been learned about the technical side of building wind farms. But what about contracts? Lindy Patterson looks at how things have changed in the last decade
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CommentProfessional negligence dispute: On the rocks
When a judge blocked a £3m award to whisky maker Whyte Mackay, he questioned whether a professional negligence dispute should have come to adjudication at all
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CommentDoing business in Iraq: Tread carefully
A decade after the invasion of Iraq there are opportunities for UK firms in the country’s infrastructure sector. But they must be aware of the legal framework they will be working in
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CommentStop kicking up a fuss
The lawyers in this case raised a number of clever, interesting technical objections. Which were quite rightly dismissed. Let’s just stick to the facts, eh?
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CommentLegal brief: Changes to judicial review process
What do proposed changes to the judicial review system mean for planning and procurement decisions?
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CommentLife on the high fees
Adjudicators were meant to deal with construction disputes ‘expeditiously and relatively inexpensively’. But the amount they charge is becoming increasingly hard to justify