All Legal articles – Page 149
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Worse than triffids: Japanese knotweed
Clauses relating to Japanese knotweed still feature in construction contracts despite the arrival of killer bugs
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Family ties
The CaseIn an earlier decision of Mr Justice Akenhead enforcing an adjudicator's decision, Mr Dawes was ordered to pay a total judgment debt of £1,239,310.12. This was paid into Treasure's bank account, and had in fact come from the account of Hayley Dawes, the daughter of Martin Dawes. The parties ...
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Bite the bullet or fire it?: Terminating a contract
The only thing an employer can be certain of when it gets rid of a contractor is that it will be in for endless headaches and hassle. Here’s why…
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Shall I stay or shall I go?: Bad payment
A case of bad paying has to be very severe for you to justify packing your bags. Have faith – here’s an example of a client having to remedy its wrongdoings
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Materials giant fined £738m in largest-ever cartel penalty
French materials firm Saint-Gobain fined almost €900m for role in glass manufacturing cartel
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Redrow to appeal in fight to deny holiday pay
Housebuilder continues legal battle to deny workers holiday pay on basis of 'sham' substitution clauses
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Romania: land of opportunity
Europe’s fastest growing economy is an excellent place to seek refuge from Britain’s wintery economy. So, here’s a quick guide to the legal landscape
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UAE legal series: A few peculiarities
A contract is a contract pretty much wherever you are, but in Dubai there are one or two little points to bear in mind before you sign one, says Elise Gillians
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Dangerous defects
The CaseBirmingham Development Company (“Birmingham”) was a property developer. Birmingham developed a site next to land owned by Michael Jacob Tyler (“Tyler”). Tyler had a factory on his land. During the development demolition of the gable wall of the building on Birmingham's site exposed part of the flank wall of ...
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Getting paid: If the mountain won't come...
Here’s a clever way of getting your claim paid: go straight to those who owe the payer money. Unfortunately, it can be a little tricky to navigate
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Contractors' insolvency: Clean break
If your contractor becomes insolvent, you may need to terminate its engagement and finish the job some other way. But how do you make sure it doesn’t get messy?
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Ucatt: Change in asbestos law may have put workers at risk
Repair and maintenance workers are regularly risking their lives through exposure to asbestos, unions and safety groups have warned.
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CBUK and Multiplex appeal Wembley verdict
Despite reaching a verdict, four-year battle over stadium looks set to continue
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Dubai law forces building managers to reveal service charges
Strata Law obliges developers to be more open about what constitutes service charges
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Director jailed for breaking bankruptcy bar
Four years' jail for 'intrinsically dishonest' director who ran five electrical contracting firms
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Policeman 'took bribes' from building workers in Singapore
Officer alleged to have collluded with foreign onstruction workers who violated work permits
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There once was an ugly duckling
If your adjudication claim’s feathers are all tattered and torn, it ought to fail. But what if your kindly adjudicator decides that it might turn into a swan later on?
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Wobbly contractor syndrome: paying subcontractors directly
Our third article on the legal implications of the downturn looks at what happens when a main contractor risks going bust and a client wants to pay its subbies directly
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The reluctant litigant: name borrowing
Getting someone else to fight your PFI dispute battles for you can be uncomfortable for both parties – name-borrowing may be a better solution all round
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Arbitration after commencement of court proceedings
The CaseOn 21 December 2006 the claimant, Delta Reclamation (“Delta”), and the defendant, Premier Waste Management (“Premier”), signed an agreement which regulated the storage and processing of used tyre derivative aggregate replacement (UTDAR) at a quarry near Coxhoe.The agreement contained an arbitration clause submitting “all disputes arising out of the ...