All articles by Tony Bingham – Page 24
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Getting burned
If you are going to rely on the design expertise of a specialist subcontractor, it's up to you to check it has what it takes to do the job – or run the risk of …
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Expert witless
The very strange case of three architects, two designs, a substandard expert witness and a judge who was left fuming
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Synchronise watches
If you are going to accuse someone of failing to progress work diligently, then you'd better make damn sure you have given them the correct extension of time
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Two go mad in Devon
Why do people pretend that arbitrators are wigless judges? As the parties to Pillar vs Edwards found out, you can pay through the nose for very rough justice
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Re-drawing the line
The Construction Act makes bizarre distinctions between what does and does not fall within its payment and adjudication provisions. Pencils out, everyone
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Promises, promises
Pity the subbie who thought that an oral agreement to foot a £1.3m bill could be relied on. It couldn't, and the subbie had to pay. The story begins in 1677 …
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Independence daze
How do arbitrators square their duty not to be swayed by outside pressure with their fear of being given the boot by the High Court? With difficulty, alas
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Question a silly answer
Tony Bingham An adjudicator makes a boob and the judge says he has answered the wrong question. But he hasn't: he's just answered the right question wrongly
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Don't take my word for it
When someone shakes your hand and says they intend to do business with you, you might reasonably believe you have an oral contract. Think again
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Don't be daft
When is a decision not a decision … but still counts as one? Lord Reed's answer to this riddle helps us understand when the courts can overrule adjudicators
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Running for cover
Professional companies are usually liable for their employees' breach of duty. But what if the firm goes bust and the employee is sued? Better get insured
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Well, you're no judge
Arbitration has been overshadowed lately by trendier forms of dispute resolution such as mediation. But it could make a comeback – with a change of clothes.
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Too close to call
Should an arbitrator accept evidence from an expert witness if that witness has a close personal or business relationship with the party that engages them?
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Speaking volumes
New editions of important books: the first does wonders for our understanding of dispute management; the second is a weighty tome on contract law
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Take notice
Judges have been in a right muddle over payment notices, but a recent judgment should put them – and adjudicators – back on the right path
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Nothing by halves
If an adjudicator fails to take into account part of your defence, can you get their decision overturned? Frogmore Investments found out …
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Read the small print
When it comes to insurance policies, beware of the exclusions, limitations, ifs and buts. As the lawyers well know, interpretation is nine points of the law
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It's a long story …
This is the tale of a couple who bought an old house overlooking Beachy Head – and then found that the surveyor had sold them a pup …
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On keeping stumm
Bias isn't about what you really think or feel; it's about the impression you create. So think what you want, but for heaven's sake don't do it out loud.