All articles by Tony Bingham – Page 16
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CommentThe Dickens of a case
Mr Bumble had a point when he said the ‘law is a ass’ – as was borne out recently by a High Court battle that could have been settled with a phone call
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CommentBang out of order
When a dodgy builder was jailed for fleecing customers, he got an ASBO into the bargain. What the dastardly felon also got was a dose of rough justice
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CommentToo much to ask for?
Be warned: there’s an extremely architect-friendly clause hidden in RIBA SFA/99. So friendly, and so hidden, that it has been ruled ‘unusual and onerous’
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Comment28 days later
We all know that the key selling point of adjudication is its 28-day time limit. But that’s no good if the rules don’t agree on when the clock starts ticking
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CommentDevoured by their house
This is how a simple house extension turned into a simple dispute, which turned into a bitter dispute, which turned into a very expensive legal case. And for what?
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CommentA tense situation
Can the party defending an adjudication give new answers after proceedings have begun? Well, it seems that depends on the language used in the question …
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CommentIt’s a Pope thing
Pope Urban Vlll took a cavalier attitude to evidence in his dealings with Galileo, but things have moved on since – as this Court of Appeal judgment shows
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CommentHow to be a good dog
What does an adjudicator do if a ‘litigant in person’ is up against a multinational represented by a top lawyer? Ensure that the proceedings are fair, that’s what
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CommentAway with the fairies
The DTI thinks that, with a sprinkling of fairy dust, adjudicators can rewrite laws and be made impartial. Believe that, and you might as well believe in Tinkerbell
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CommentDirections to Dartmoor
Two solicitors have published a document listing 47 common practices in the industry, all of which are also criminal offences. It’s a real eye opener …
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CommentSort out your attitude
Being a member of the awkward squad can cost you, even when right is on your side. These days it pays for both sides of a dispute to co-operate with each other
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CommentFor your eyes only
It is commonly believed that documents marked ‘without prejudice’ must not be read by a third party. In fact, it all depends on what they say
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CommentShock and or
It happens all the time – a contractor thinks the spec means one thing, the client another. In this case it ended in a judge’s interpretation of the word ‘or’
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CommentException to the rule
If you win a case against a limited company that goes bust usually you can’t pursue the owners for costs. But in this case that’s exactly what did happen …
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CommentStop having fun
In Scotland, parties can no longer indulge in games of ambushing courts with fresh evidence. An eminently sensible idea, and one that should apply to adjudication
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CommentPlugging away
Know a bloke who can sort your electrics? For a good price? Well, only if you don’t include the £5000 fine from your newly empowered building control officer
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CommentHired gun takes a bullet
Here’s a story about an expert witness who, after giving evidence, is being pursued through the courts for £400,000 over an alleged breach of duty
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CommentHired gun takes a bullet
Here’s a story about an expert witness who, after giving evidence, is being pursued through the courts for £400,000 over an alleged breach of duty