All articles by Robert Akenhead
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CommentA question of liability
The recent decision in Mott vs Trant suggests the courts are unwilling to overrule clauses that exclude or limit liability, writes Robert Akenhead
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CommentA case of judicial intervention in public procurement
Sir Robert Akenhead examines a recent ruling that helps identify the limits to the court’s readiness to intervene in public procurement processes
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CommentThe offsite trap: modular methods and contract law
With modular building methods, the question is: when are construction operations not ‘construction operations’?
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CommentAdjudication and insolvency
How does a court decide whether to uphold an adjudication enforcement for a company at risk of insolvency?
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CommentLegal: A contract means what it says
Robert Akenhead explains how a literal interpretation of wording sent a contractor’s argument off the rails in a case on disallowed costs
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CommentDoes not using a lawyer make you a litigant in person?
To what extent may a company without legal representatives be treated as a litigant in person?
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CommentA country manor house conspiracy
Shenanigans by two brothers fixing up a fancy house highlights the risks of working for undercapitalised companies
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CommentLegal: Agreed in principle
When is a contract a contract, asks Robert Akenhead – is it when a notional agreement is agreed, or does it need to be more formal?
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CommentLegal: Careless talk can cost cases
Robert Akenhead highlights the dangers of a private conversation between one party in a case and the judge, arbitrator or adjudicator
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CommentLegal: Not quite the last word
Robert Akenhead explains why final isn’t always final – so make sure your contract’s finality provisions are clear and explicit
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CommentThe end of the affair?
Robert Akenhead returns with a column highlighting a recent inventive use of debt recovery legislation to recoup the costs of an adjudication
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CommentDebts in paradise
A Caribbean case - marked by carelessness and potential illegality - highlights how horribly wrong a construction project can go. It also shows the specialist expertise of the TCC
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CommentPartial failure is not good enough
An interesting case sees total failure of consideration used as a means of defence. But can some performance be disregarded and total failure still exist?
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CommentTotal cost: A global view
Akenhead returns to Building with a column on a recent case which examined the issue of ‘total cost’ or ‘global’ claims
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CommentThe TCC's new home: Roll with the times
The Technology and Construction Court is an increasingly valuable resource and area of expertise. Its new home reflects this and helps it perform on the world stage
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CommentJudges: So very PC
Judges have a reputation for being stuffy and old fashioned. But they’re actually as tech-savvy as teenagers and use their skills to speed cases through the courts
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CommentWhat’s so great about the TCC?
The principal arena for construction dispute settlement has become a major force in the English legal system
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CommentWhat’s fair is fair
If you follow the gold rush to Dubai, what are your chances of surviving a contractual dispute with the client? Well, about the same as in Dorking ...
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CommentCourtly love
The furore surrounding Multiplex vs Cleveland Bridge has thrown the spotlight on the TCC, which after a bad patch is now winning the hearts of litigants
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