Legal views 鈥� Page 103
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CommentBoth ends against the middle
Tony Bingham聽Is it the dispute decider鈥檚 job to pick one of the warring parties鈥� positions and declare it the right one? Or can they come up with a solution that neither party argued for?
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CommentA modest proposal
Tony Bingham聽Rather than trying to sort out disputes when they occur, wouldn鈥檛 it be easier to just write clear and fair contracts so that rows don鈥檛 occur in the first place?
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CommentWriting wrongs
Just about any legal issue depends to some extent on the definition of terms 鈥� and definitions depend on who wins an argument in front of a judge. Take the vexed and exasperating question of 鈥榗ontracts in writing鈥�
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Comment
Waste opportunities
EU watch The European commission wants a 20% reduction in carbon emissions by 2020. To meet this goal, a variety of policies and guidelines are due this year.
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CommentIt鈥檚 different this time
Adjudication is about deciding the 鈥榥ow dispute鈥� and moving on. But it鈥檚 not always so simple. In this case, a firm beefed up its arguments and came back for round two
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CommentA difference of emphasis
Letters of intent are paved with good intentions, but can trigger endless legal manoeuvres. A joyous time for lawyers but for nobody else. Here the couple to fall out were Skanska and supermarket chain Somerfield
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CommentWhat鈥檚 fair is fair
If you follow the gold rush to Dubai, what are your chances of surviving a contractual dispute with the client? Well, about the same as in Dorking ...
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CommentBitter fighting on the home front
Forget road rage 鈥� it鈥檚 during disputes between homeowners and builders that the claws really come out. Fortunately, there is a way to make sure that this doesn鈥檛 happen
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CommentEnd this travesty
In these topsy-turvey times subbies think they鈥檙e designers, QSs act like lawyers and architects let builders specify. Wouldn鈥檛 it be refreshing if we stuck to our job descriptions in 2007?
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CommentWorlds apart
STATE YOUR CASE 鈥� Tony Bingham says arbitrators, judges and adjudicators do the same job, but the timescale of adjudication makes the process markedly different, argues Nick Henchie
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CommentSanta鈥檚 book collection
If you鈥檙e buying Christmas gifts for an architect, main contractor, subbie, lawyer or adjudicator, then we鈥檝e got the perfect books for them
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CommentPlaying their silly games
A court applied the law correctly when it quashed an adjudication decision that broke the rules. But perhaps it鈥檚 the rules, not the decision, that should be overturned
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CommentErrors of judgment
Tony Bingham聽Half a dozen Appeal Court judges have recently gone on the record to explain what adjudicaton is all about. What a pity they all got it wrong...
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CommentThreatening behaviour
Expert witnesses are immune from being sued for anything said or done in legal proceedings. One judge wanted to extend this principle, but the Court of Appeal disagreed
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CommentMake time wasters pay
At the moment there is no bill for court costs but action needs to be taken against defendants who insist on playing silly games and pile up court costs on the way
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CommentThe times they have a-changed
Tony Bingham聽It used to be seen as bad form to adjudicate negligence claims against professional gentlemen. On the other hand, that does seem to be what parliament intended...
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CommentDances with gorillas
The ODA manifesto for building the 2012 Olympics talks about delivering on time, to a tight budget.But if that is to be done, novel ways of thinking are needed
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CommentWhat rights does a tree have?
If a neighbour鈥檚 tree is damaging your property you have a right to remedy the situation by chopping it down. Except if it belongs to the council, in which case it鈥檚 a lot trickier
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CommentTarred with the same brush
A bitumen cartel got stung by the European Commission when it was caught flouting competition laws. But it was the parent companies that got their knuckles rapped hardest
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CommentHelping the poor struggler
An arbitrator or adjudicator may feel tempted to redress the scales of justice if they believe one of the parties is poorly represented and needs a leg up. But is this really on?