All articles by Tim Elliott – Page 2
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CommentWhat goes around …
Here’s a warning to all those clients, and their lawyers, who want to make the granting of extensions conditional on a contractor giving notice about the effects of delay
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A lovely bit of judging
What is a judge to do when an adjudicator has clearly made a mistake but there are no grounds to rectify it? Judge Thornton took an unusual route to get the right result
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A piece of the action
In America, lawyers can take a percentage of litigation proceeds. Here we regard that practice as reprehensible. But are English fee arrangements really so different?
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Cyanamid revisited
You will no doubt be familiar with the high-profile punch-up over the Bath Spa project; what you may not know is that it has interesting legal implications …
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Retro effect
Do the work then sign a contract. Bonkers? Maybe, but it happens all the time. If you ever do it, just make sure it’s clear the contract covers work already carried out
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Not you again
One adjudicator tackling several related disputes seems a good way to cut out duplicated effort. But the parties must agree to it – or the adjudicator will get it from all sides
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Lost clauses
An architect can't just put the RIBA adjudication provisions into a contract with a homeowner and hope for the best. If he doesn't draw attention to them, they may be worthless
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We have to close now
If your various legal proceedings have failed to get your debtor to pay up, you might consider a winding-up petition. But you may also find that things turn against you
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Hush money
Most of us will do anything for a quiet life. And if the peaceful enjoyment of our homes is shattered by noisy neighbours or aeroplanes, we're increasingly likely to sue
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Arbitrary justice
Be warned. If you deny the existence of a contract, you could jeopardise agreements within it, such as your right to settle a dispute through arbitration
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Stuck to your guns?
After you start an adjudication, can you introduce new arguments or fresh evidence? A recent decision suggests not, but clarification is needed urgently
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Don't count on it
Where there is no contract between a claimant and an adviser, the court may be wary of imposing a duty of care, making it hard for a claim for poor advice to succeed
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Root clauses
Beautiful trees are an asset to urban environments. But a recent House of Lords decision implies that tree owners may have wider responsibility than previously thought
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Tales of the unexpected
Ever since the Construction Act was passed, judges have been wrestling with the question of what constitutes a construction contract. Their answers have been surprising
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New wine in old champerty
Once upon a time conditional fee arrangements for court cases were unenforceable. Things are changing, but we are not yet in America
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More bilge from Europe?
When Thames Water did nothing to stop a home being flooded by sewage, the common law of England was found wanting. The Human Rights Act mopped up the mess
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Judges beware
Tim Elliott - Why the Court of Appeal overruled a judge's decision, made in the spirit of the Woolf reforms, to strike out claims because they were unlikely to succeed
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Critical conditions
Tim Elliott - Watch out for the "exclusive remedies" clauses in two M&E contracts. They rule out claims for breaches of implied term and claims for breaches not in the conditions
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Features
Rough and tumble
Undoing deals on the grounds of economic duress is difficult, as shown by a recent decision of Mr Justice Dyson in the Technology and Construction Court.
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Features
The acceleration game
Making a claim for acceleration costs – those incurred by speeding up work to meet a deadline – can be fraught with problems. After all, who exactly is to blame for a last-minute rush?
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