Legal views 鈥� Page 62
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CommentLitigation privilege: Open secrets
If a document comes into existence for the purpose of litigation, privilege from disclosure can be claimed. But, as a recent case shows, it may be hard to persuade the court to allow the claim
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CommentLegal brief: HS2 consultation ruling
We look at the three key messages that can be taken from Mr Justice Ouseley鈥檚 recent rulings on legal challenges to HS2
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CommentDisputes about dispute resolution
Dispute resolution processes can be written into contracts to guard high value projects. But what if the parties can鈥檛 even agree on how the process should be conducted?
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CommentIdentifying owner occupiers
The part of Section 106 of the Construction Act designed to safeguard residential occupiers is only applicable if they can prove they intend to move into the property as their residence
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CommentZennestrom's house
Here is a recent judgment that highlights the proper application of the 1972 Defective Premises Act, in a charming Bauhaus setting with a marina view
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CommentNavigating mixed-use developments
The changing environment of work and planning will result in a lot more mixed-use developments - and there are many ways to make these pay
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CommentSacred and profane
Tony Bingham鈥檚 surprise at the decision in Acardis vs May Baker missed the point. Far from a clash between 鈥榟igh church鈥� and 鈥榮ecular鈥�, it represented a victory for common sense
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CommentRecognising the principle of good faith
English law does not recognise the principle of good faith in contracts but now a High Court judge has said it鈥檚 about time that it does
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CommentLegal brief: Victory for landlords 鈥� but at a price
The Supreme Court overturned a Court of Appeal judgment on residential service charges yesterday in the case of Daejan Investments vs Benson
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CommentVacant possession: Occupied territory
Redeveloping a property can become difficult if there are tenants involved. We examine the issues that landlords should be aware of before trying to start work
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CommentRetention: DIY for law makers
Patton Group is just the latest contractor to collapse while owing millions of pounds in retentions. How hard could it possibly be for our MPs to build a ring-fence for these funds?
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CommentHere鈥檚 one I made earlier
If a project involves two separate but related disputes, is it fair for one of the parties to send the second adjudicator the first one鈥檚 decision?
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CommentLegal brief: Resident or non-resident?
Westfields Construction Limited vs Clive Lewis shows at what point the Court should assess whether or not a defendant occupies a property
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CommentHome-office reshuffle
The communities secretary鈥檚 proposal to relax planning rules around the conversion of office buildings into homes could have a number of implications for local infrastructure
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CommentEmployment law: The modern apprentice
There is new legislation designed to boost support among potential employers for apprenticeships. We look at how this affects apprentices鈥� employment status
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CommentDelays: A likely story
Deciding whether a party causing a delay was responsible for the fall in the market value of a property boiled down to whether that loss was 鈥榥ot unlikely鈥�
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CommentNasty, brutish and short
A sad tale of what began as a house extension but ended up involving fraud, personal liability and a murder charge
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CommentReducing an adjudicator's award
If an adjudicator tells you to pay up, can you issue a withholding notice and demand a big cheque instead? Tony Bingham examines a recent judgment
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CommentProcurement: Old ways are the best
Two surveys on construction procurement show that although the traditional and design and build routes are still favoured, there鈥檚 plenty of scope for refinement
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CommentIChemE contracts: All part of the process
The IChemE contracts covering procurement for chemical process plants have had their first update in years, bringing some important modifications