All articles by Tony Bingham – Page 21
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CommentWhizz-bang walloped
Arbitrators, like other dispute deciders, may be inclined to race through a case and decide it on documents alone. But this approach can end up being very unfair
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Hang loose, man
By all means, let's chill out, exchange ideas on managing disputes and stuff – only, like, you know, we don't need all these rules telling us what to do, yeah?
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Easy steps to hair loss
Got a bit too much of a mop up top? Want to look mature and distinguished? Now you too can look like me – just become a responding party in an adjudication!
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CommentLikely story
A naughty defendant forged his client's signature on a contract and tried a cash-in-hand tax scam. Unusually, it was the balance of probabilities that caught him
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Poking the paymaster
Without fear or favour, blind to all blandishments and valient for truth, an adjudicator must severely upset a party they're relying on for their daily bread. Hmmmm
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CommentBlow your rights
Why try to compare litigation with mediation when they do different things? We have mediation because we can't afford to find out what the truth is
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CommentEveryman's adjudication
A new guide spells out in layman's terms just what adjudication is and holds your hand through the whole process. It's just what builders – and lawyers – need
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CommentBringing up baby
Next week, adjudication turns five – and now that the industry has taken the little 'un to its heart it's time to pack him off to school for a little education
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CommentThe sound of fiddles
OK, the request may be a bit iffy, not 100% legit, but if I turn a blind eye so as to get the job, surely there's nothing wrong with that? Hey, what's that siren…?
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Premature adjudication
All the world's a stage, and all the men and women merely players. They have their exits and entrances – and heaven help them if they get the timing wrong
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Know your onions
Tony Bingham Here's another take on the controversial case of the architect who got sued after specifying the wrong panels, despite the client's giving false information
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CommentGet your retaliation in first
Contractual documentation fosters an atmosphere of trust and co-operation between parties in which fairness and mutual … oh, lordy, who am I kidding?
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Never trust a copper
Mr and Mrs Venables found that the water pipes in their new home were ruined, so they sued their plumber. What followed illustrated an important legal point
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CommentNot so fast, George
President Bush thinks UN resolution 1441 gives him the right to go to war if Saddam Hussein is found in material breach. Actually, it does no such thing
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Raging bull
A judge was so irate with an expert witness that he complained about him to a disciplinary tribunal – which promptly dismissed his complaints as a lot of hot air
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CommentBlair vs Hussein
A Mr Blair has accused a Mr Hussein of hiding arms. But who has the burden of proving their case? And to what standard? Think hard: you're on the tribunal
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Take this for your trouble
Can you claim for all the hassle time spent sorting out a problem caused by someone else? Well, a recent case in the Scottish courts may provide an answer
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CommentAdjudication is king
Almost five years into adjudication, are we moving away from what parliament intended the process to be? Very likely, but that's all for the good
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CommentGo whistle
You may think that recent court cases mean you can add a clever payment clause to your contract and wriggle out of the referee's award. Think again …