All Legal articles – Page 167
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Both ends against the middle
Tony Bingham Is it the dispute decider’s job to pick one of the warring parties’ positions and declare it the right one? Or can they come up with a solution that neither party argued for?
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A modest proposal
Tony Bingham Rather than trying to sort out disputes when they occur, wouldn’t it be easier to just write clear and fair contracts so that rows don’t occur in the first place?
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Writing wrongs
Just about any legal issue depends to some extent on the definition of terms – and definitions depend on who wins an argument in front of a judge. Take the vexed and exasperating question of ‘contracts in writing’
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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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Wembley damages trial: first round to Cleveland Bridge
Judge Jackson rules that CBUK should not be held liable for temporary roofing costs
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It’s different this time
Adjudication is about deciding the ‘now dispute’ and moving on. But it’s not always so simple. In this case, a firm beefed up its arguments and came back for round two
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Labour MPs accused of breaching planning laws
Mark Prisk, the shadow minister for business and enterprise, accused ministers this week of breaching planning laws for political advantage.
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Always read the small print
Terms & Conditions may not 'protect you, the customer', says Tony Bingham, in fact they can be packed with limitations
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A 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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What’s 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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Bitter fighting on the home front
Forget road rage – it’s during disputes between homeowners and builders that the claws really come out. Fortunately, there is a way to make sure that this doesn’t happen
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End this travesty
In these topsy-turvey times subbies think they’re designers, QSs act like lawyers and architects let builders specify. Wouldn’t it be refreshing if we stuck to our job descriptions in 2007?
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Worlds apart
STATE YOUR CASE — 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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Employment lawyers to be kept busy in 2007
Construction firms are set to be hit by an increase in employment litigation in 2007 because of changes in the law including the smoking ban, age discrimination legislation and the introduction of the CIS tax scheme.
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Police swoop on security firms
Merseyside police crackdown on protection rackets on Liverpool construction sites
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Multiplex loses Wembley claim
Judge rejects Multiplex’s attempt to bring forward trial with M&E firm Honeywell
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Santa’s book collection
If you’re buying Christmas gifts for an architect, main contractor, subbie, lawyer or adjudicator, then we’ve got the perfect books for them
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Writ hits sale of British Nuclear Group
Legal battle over radioactive leak threatens to delay takeover at Sellafield
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Playing their silly games
A court applied the law correctly when it quashed an adjudication decision that broke the rules. But perhaps it’s the rules, not the decision, that should be overturned
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Errors of judgment
Tony Bingham 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...