All Legal articles – Page 110
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Features
Hackney Empire vs Aviva Insurance: The Empire strikes back
This is the tale of a theatre project, backed by Lord Sugar, that landed its client with a £3.2m headache. Now eight years on there’s a legal battle over a bond between the insurer and the theatre owner
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Comment
Apportioning loss between a designer and a contractor
Where a designer and a contractor both contributed to a defect, the losses are normally split 20/80. But if the designer’s duties increase, so do its apportioned costs
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Workers prepare legal action over blacklisting scandal
Action to be taken against more than 40 firms who paid to access illegal blacklist of workers’ details
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Comment
JCT contracts and the Construction Act
All standard contracts are being revised to conform with the new Construction Act, and the JCT is the first to unveil its payment terms. Here are the changes you need to know
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Comment
Judges: So very PC
Judges have a reputation for being stuffy and old fashioned. But they’re actually as tech-savvy as teenagers and use their skills to speed cases through the courts
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Comment
Consequential loss: Network Rail
Consequential loss following a negligent act can mean big money in compensation. Just ask Network Rail
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Comment
The Tolent clause: Making a horlicks
Last week the government gave the all clear for the new Construction Act, completely failing to listen to the industry’s concerns about the Tolent clause loophole
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Hackney Empire sues Aviva for £1.1m over bond dispute
London theatre funded by Alan Sugar in legal case that could affect use of construction bonds
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Comment
Adjudication and counterclaims: Urang Commercial vs Century Investments and Eclipse Hotels (Luton)
Can defendants make counterclaims in an adjucation without a withholding notice, as part of their defence?
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Court approves £32m refurb of Old Trafford
Derwent’s objection against development of cricket ground is dismissed
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Comment
Whiff of victory
A group of residents accused a landfill site operator of causing a ’nuisance’ with unpleasant odours, but the company’s environmental permit gave it protection
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Comment
Difficult jurisdictions: Russia
Today the Bribery Act comes into force, creating a new risk of being prosecuted for offences committed abroad. With this in mind, Chris Hill focuses on the challenges of operating in Russia
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Comment
Because I’m worth it
Contractors can deliberately hold off concluding a contract in the hope of benefiting from a quantum meruit. Sometimes they end up with more than they bargained for
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Comment
Adjudication: Use some judgement
Too many adjudicators are out of touch and, frankly, incompetent. Now a senior judge has stepped in with a suggestion on how to improve - he wants them to be more like him
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Subbies may have to pick up adjudication costs
Government fails to close legal loophole over so-called “Tolent” clauses
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Middle-sized firms at greatest risk of breaching Bribery Act
Survey finds only 16% of small to medium-sized firms have anti-bribery training in place
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Comment
Negligence and the Limitation Act
The limitation period for a negligence claim can be extended for latent defects but this case shows why its best to issue proceedings promptly
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Comment
Implied terms and the Privy Council
Terms and conditions are stated in a contract, right? So what about all those implied terms that don’t make it into writing? The Privy Council has a view on this …
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Comment
The liquidated damages clause: Red card
A 200-year-old law says you can’t penalise builders for finishing late, but a prize-winning author says this rule has outlived its usefulness