All articles by Tony Bingham – Page 18
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CommentMurphy’s law in action
What do you do if you find that life on site cruelly punctures the naive hopes in your tender? Well, you try to get the client to pay more, don’t you? Yes, but how?
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CommentCapper's way
Professor Philip Capper has just made a super speech about adjudication, about judges, about lawyers … and especially about his girlfriend Iris
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CommentJust blow the whistle
It is very important that referees bear one simple rule in mind: when organising a contest between two teams, you're not allowed to kick the ball yourself
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CommentLegal aliens
The little green men from Euroland love to stamp on anything the British are good at, such as the PFI – although 'competitive dialogue' may mark a lighter touch
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CommentDemons and angels
Claims mongerers are chasing ambulances in every walk of life. But adjudication shrived them of their sins in construction, and could be the answer elsewhere
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CommentThe nature of the beast
It may surprise you to learn that lawyers and academics are still not entirely sure what an adjudicator is, what they can do, and what they are like
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Miss Mediation
Is it ever permissable to bypass mediation and go straight to court? The answer is yes. A useful guide as to when emerged out of a recent appeal court case
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CommentStep right in
By not taking extra time to decide the case, an adjudicator led the parties straight to the courtroom door – where they were greeted by a welcoming judge
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CommentUp the workers
This is another everyday story of self-employment and rights and conditions at work. Redrow thought it had a contract and that was it. Wrong, wrong wrong!
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CommentPicking the ponies
The people who hire adjudicators want intelligent, nimble beasts that cover the ground at a gallop while safely leaping legal hurdles. But how can they get them?
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CommentBlood and treasure
Firms who took part in the foot-and-mouth massacre were treated like pirates when they presented their bill. This is how they eventually got their gold
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CommentInnocence and experience
If an adjudicator sees something they shouldn't, is there any way that they can escape a charge of bias? Here's how one adjudicator tackled the problem
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CommentLeave the act alone
The plan, announced in the Budget, to set up the CIPER forum is deeply troubling. It will be a kind of secret society, and it will want to change the Construction Act
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CommentMan bites dog
With the scent of unpaid levy in its nostrils, the CITB can be a bit of a rottweiler. Perhaps it needs to change its image and pay more attention to its product?
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Pinned and needled
A client's attempts to wriggle out of adjudication on three tricky points of law were quashed by one very clever adjudicator – and he wasn't even a lawyer
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CommentGet Shorty
Disciplinary boards often resemble something between a kangaroo court and a lynch mob – as a former cabinet minister may be about to discover
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CommentA misjudgment
The parties in Tally Wiejl vs Pegram became utterly confused by the problem of which contract was in place. Now this question has foxed the Court of Appeal, too
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A salty tale
If two parties to a dispute give different accounts of what happened, courts look for something on paper. Trouble is, documents can be too persuasive
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CommentThe silent service
Adjudicators aren't private eyes – or inquiry judges – looking into every detail of a case. They're paid just to assess the arguments … then keep their mouths shut