All articles by Tony Bingham – Page 23
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In the soup
One week you're sharing friendly lunches, the next you're at each other's throats. It's what happens when your star QS leaves – and takes your clients with him
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Guilty as charged
The Chartered Institute of Arbitrators wants to levy its members so it can afford to put them on trial. Surely there's a better way of dealing with incompetence?
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Talking shop 'til you drop
The Society for Construction Law is a hotbed of ideas and opinions, as this year's Hudson Prize results show. That's why it shouldn't have a single voice
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It's a side issue
Judges are getting to like adjudication. But they're going to like it a whole lot more when adjudicators can demonstrate a judicial fairness when deciding cases
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One way to look at it
A firm working for Alfred McAlpine put a whole load of different disputes in one basket and presented it to an adjudicator … What happened next?
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Poor Superman
Referees are supposed to be the superheroes in construction disputes. Now they're just as likely to be cast as persecutor – before turning into victim
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A question of … timing
If you owe me money, and I owe you money, does it make sense to just pay the difference? Let's see how two barristers and a judge sort out this tricky problem …
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Indecent proposals
This is a story about a householder who agreed to pay a dodgy builder cash, then tried to kick him in his assets when things went wrong. What did the judge say?
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Mightier than the word
Oral promises, as we know, are not worth the paper they're not written on. But what about minutes, fee notes and schedules? What legal force do they have?
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Sock it to 'em, RICS
The RICS has just come out with some advice for the courageous people who take on the role of adjudicator. Trouble is, it doesn't quite know what to tell them …
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No great Sheikhs
A case in the High Court provides an interesting angle on the obedience owed by parties to an adjudicator's decision. Let's hope they appreciate it in Qatar …
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Losing your inhibitions
In Scotland? Worried that the chap you're in dispute with is about to scarper? You used to be able to have his assets frozen in a jiffy. Not any more …
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Colourful language
The JCT is busy churning out new forms of contract: a blue one for subbies, orange ones for construction managers and a transparent one for homeowners
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Dumb and dumber
Adjudicators are full of bright ideas about the law but if they don't tell the parties about one until the decision, isn't that a breach of natural justice?
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Error of our ways
Surely some mistake? You bet – the construction industry makes them every day of the week. But the great thing about blunders is that they can be put right
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A Makarios moment
This year's book review includes an unmissable contract dictionary, even if it was attended by a meeting with the men in black, including a ghost from the Seventies
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Counter-intelligence
If you're unlucky enough to be on the wrong end of an adjudicator's award and the winner owes you money, can you take that off the amount due?
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My word against yours …
Remember the Discain vs Opecprime cause célèbre? Well, it's just been decided in court, and the trial offers an invaluable lesson on how the law really works
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Transcendental mediation
An 'adjudimed' is an adjudicator with knobs on, someone who will use mediation methods to get the parties to rise above the dispute and resolve it for themselves
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Getting in early
The Society of Construction Law has brought out a best practice guide for those gearing up for a dispute about delay. Do yourself a favour and download it now