Legal views – Page 88
-
CommentSome finishing touches
The Scottish government has ruled that all firms on public sector projects must be paid within 30 days. This is a splendid idea, but a few tweaks are needed to make it work
-
CommentThe revenge of Judy Veakins
A company’s liability for harassment or bullying by one of its managers was brought to attention by a recent case. Tony Bingham sums up the facts …
-
Comment
When banter becomes bullying
… and Joy Drummond discusses the implications of the Protection from Harassment Act in the workplace and how firms can avoid getting into trouble
-
CommentThis time, it’s personal
Beverley Flynn Data protection laws are set to become much stricter, so now is the time for any company holding employees’ personal details to pay more attention to the rules
-
CommentWigging out: Litigation costs
Litigation has become so expensive, and the courts so keen to push cases down other settlement routes, that trials may soon be reserved for only the most exceptional cases
-
CommentGoing the distance: Relevant information
Here’s a tale of two sisters who got into a row with their builder, followed by five adjudications and a court case that established some useful case law
-
Comment
When adjudication won’t do: Enterprise vs Tony McFadden
When a water contractor went into liquidation, it left behind a complicated set of debts and contracts, and a continuing legal struggle …
-
CommentWhat price, justice?: Jackson's cost review
Lord Justice Jackson has released his recommendations for ways to reduce the cost of litigation and make the courts more accessible. And he’s done a good job, too
-
CommentBlessed are the peacemakers: Contentious vs non-contentious law
Adjudication has become just like litigation-lite, thanks largely to disputes lawyers gunning for a fight. A less contentious approach might return us to its original aims
-
CommentGet lost, creep: Adjudication
A dispute is never just about the thing that it’s about. All kinds of interlopers try to get in on the action, and it can make adjudication impossible. As the following case shows …
-
CommentThe home guard: Defective Premises Act
The Defective Premises Act protects the owners and occupiers of dwellings against shoddy workmanship. A recent case will help ensure that those at fault do not escape liability
-
CommentPredictions for 2010: Anyone for cold turkey?
The season of goodwill to all men is over, folks, so get ready for a year of wrangles, nit-picking, bust-ups over defects and early claims … like last year, only worse
-
CommentJoint expert witnesses: Clandestine communications
There are some grey areas to being a joint expert witness, but one thing is clear: talking to one party without the other’s knowledge is not on
-
CommentACE agreements: Altogether now
The recent streamlining of the two design agreements for consultants into one brings simplicity and flexibility as well as a new take on liability
-
CommentPayment rules: Financial mechanics
The new Construction Act may be but a distant prospect, but that doesn’t mean we can’t make a few educated guesses as to how its payment rules will work
-
CommentDispute over loft extension: Just how annoyed am I?
When the Court of Appeal pondered the case of a spoilt view, the judges had to imagine themselves as ordinary, sensible members of the public and ask one simple question...
-
CommentAdjucation enforcement: When to use the f-word
It’s easy to bandy about the word ‘fraud’ in the hope of defeating enforcement in civil proceedings, but you’d better make sure you have sufficient evidence to back it up
-
CommentMinimum damage: Liquidated damages
Liquidated damages are often fought over, but rarely understood. Here’s a guide to the pitfalls to avoid when trying to claim them …
-
CommentIn banks we trust: Project bank accounts
One reason disputes turn nasty is that the payee suspects that the payer is coming up with spurious excuses not to pay. Luckily, there’s something we can do about this
-
Comment
Existential matters: Novation
It is not always easy to tell whether a novation has taken place. Here’s a case that ended up in court because one side swore blind that the contract had been novated