All Legal articles – Page 125
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The salami olympics: how to spot a fraudster
The Olympics is going to be bounty time for fraudsters, who will be slicing away at the budget whenever they get the chance. Here’s how to spot them
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Face the facts
Part eight of the civil procedure rules is a useful tool for getting the court to make a declaration in your favour - but not if there is a dispute over what actually happened
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The foundations of a good decision
From boldness to fairness, reaching a successful adjudication result starts with paying heed to seven pillars, as set out by Mr Justice Coulson
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Former Balfour Beatty employee loses unfair dismissal claim
Project manager Alan Dransfield was seeking £300,000 in lost earnings, claiming he was sacked for raising safety concerns
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BAM Nuttall to repair Hochtief tunnel
Contractor to carry out £20m of work on structure that collapsed eight months after official opening
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The big law society
Ann Minogue The more disputes are settled in adjudication, the more likely it is that areas outside our industry will have a bearing on how construction law develops
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Hamish Lal: Bare realities
Hamish Lal The final part of our series on the nuclear decommissioning sector looks at the kind of risks the industry is grappling with today – including that the money will run out
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Court isn’t all it’s cracked up to be
The property end of building is even more disputatious than the contruction end. It needs to find a better way to resolve disputes – so why not adopt adjudication?
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Candy: Rogers was 'precious' about Chelsea design
CPC boss describes how architect refused to make changes requested by the London mayor
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Christian Candy gives evidence in Chelsea Barracks case
Counsel for CPC says Qatari Diar had "no lawful justification" for withdrawing planning application
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Rok Building vs Celtic Composting Systems
Our Fenwick Elliott expert discusses a dispute over the 'slip rule'
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Expert determination: A short cut through a swamp
Plumping for expert determination to resolve a dispute may sound like a quick, cheap, hassle-free alternative to adjudication or litigation. But it ain’t necessarily so
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All things considered
Adjudicators have it drummed into them that they should decide the dispute in the notice of adjudication. Here’s a case that shows there is some room for flexibility
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Crowley Civil Engineers vs Rushmoor council: Claiming a contribution
Out Fenwick Elliott expert describes a dispute over an open space in Hampshire
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This one’s on you
Tony Bingham Tolent clauses, which make the party that refers an adjudication pay all the legal costs, are to be outlawed by the Construction Act … but a judge has just got there first
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Judges unleashed
Simon Tolson Unlike the restrained and remote judges of the past, many now snap at the ankles of the advocates to ensure cases proceed in the way they should
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Legal threat to surveyors drives down house prices
Housebuilders say disputes over pre-recession valuations are slowing recovery
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Running out of common sense
Shy Jackson One area where the judges are struggling to make up their minds is the ‘without prejudice’ rule. Here’s a rundown of the arguments, and the spats, among our learned friends
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Your next assignment
James Duckworth and Charles Jakeman Transferring construction agreement benefits between parties requires care and attention, especially when dealing with the ‘no loss’ defence
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The reckoning
Fiona Gill and Mark Roach So what did the Labour party do for (or to) construction during the past 13 years? And what will happen if the Conservatives take over?