Legal views 鈥� Page 89
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Do the paperwork: Illegal workers
The UK Border Agency is cracking down on illegal working and the penalties for employers can be prison or heavy fines. So take care you鈥檙e making all the right checks
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Construction contracts: Unintended consequences
Here鈥檚 a curious story in which the drafters of a contract tried to save a little time and paper, and ended up fundamentally changing the nature of the agreement
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CommentAdjudication: Instant justice
As we all know, an adjudicator鈥檚 decision is binding until a final decision is made by a court or arbitrator, no matter how wrong it is. But that 鈥榝inal decision鈥� can be made very quickly
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CommentSome finishing touches
The Scottish government has ruled that all firms on public sector projects must be paid within 30 days. This is a splendid idea, but a few tweaks are needed to make it work
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CommentThe revenge of Judy Veakins
A company鈥檚 liability for harassment or bullying by one of its managers was brought to attention by a recent case. Tony Bingham sums up the facts 鈥�
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When banter becomes bullying
鈥� and Joy Drummond discusses the implications of the Protection from Harassment Act in the workplace and how firms can avoid getting into trouble
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CommentThis time, it鈥檚 personal
Beverley Flynn聽Data protection laws are set to become much stricter, so now is the time for any company holding employees鈥� personal details to pay more attention to the rules
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CommentWigging out: Litigation costs
Litigation has become so expensive, and the courts so keen to push cases down other settlement routes, that trials may soon be reserved for only the most exceptional cases
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CommentGoing the distance: Relevant information
Here鈥檚 a tale of two sisters who got into a row with their builder, followed by five adjudications and a court case that established some useful case law
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When adjudication won鈥檛 do: Enterprise vs Tony McFadden
When a water contractor went into liquidation, it left behind a complicated set of debts and contracts, and a continuing legal struggle 鈥�
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CommentWhat price, justice?: Jackson's cost review
Lord Justice Jackson has released his recommendations for ways to reduce the cost of litigation and make the courts more accessible. And he鈥檚 done a good job, too
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CommentBlessed are the peacemakers: Contentious vs non-contentious law
Adjudication has become just like litigation-lite, thanks largely to disputes lawyers gunning for a fight. A less contentious approach might return us to its original aims
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CommentGet lost, creep: Adjudication
A dispute is never just about the thing that it鈥檚 about. All kinds of interlopers try to get in on the action, and it can make adjudication impossible. As the following case shows 鈥�
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CommentThe home guard: Defective Premises Act
The Defective Premises Act protects the owners and occupiers of dwellings against shoddy workmanship. A recent case will help ensure that those at fault do not escape liability
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CommentPredictions for 2010: Anyone for cold turkey?
The season of goodwill to all men is over, folks, so get ready for a year of wrangles, nit-picking, bust-ups over defects and early claims 鈥� like last year, only worse
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CommentJoint expert witnesses: Clandestine communications
There are some grey areas to being a joint expert witness, but one thing is clear: talking to one party without the other鈥檚 knowledge is not on
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CommentACE agreements: Altogether now
The recent streamlining of the two design agreements for consultants into one brings simplicity and flexibility as well as a new take on liability
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CommentPayment rules: Financial mechanics
The new Construction Act may be but a distant prospect, but that doesn鈥檛 mean we can鈥檛 make a few educated guesses as to how its payment rules will work
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CommentDispute over loft extension: Just how annoyed am I?
When the Court of Appeal pondered the case of a spoilt view, the judges had to imagine themselves as ordinary, sensible members of the public and ask one simple question...
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CommentAdjucation enforcement: When to use the f-word
It鈥檚 easy to bandy about the word 鈥榝raud鈥� in the hope of defeating enforcement in civil proceedings, but you鈥檇 better make sure you have sufficient evidence to back it up