REUTERS | Michael Dalder
REUTERS | Adnan Abidi

The ingenuity of the arguments parties raise in adjudication and adjudication enforcement never ceases to amaze me. However, sometimes they are simple and straightforward. As an example, take the judgment in Universal Piling & Construction Ltd v VG Clements Ltd.

Universal applied for declaratory relief to determine whether the second adjudicator had jurisdiction to deal with the dispute referred to him. Sensibly, the parties agreed that those adjudication proceedings should be stayed, pending the outcome of that Part 8 application. Given the outcome of the hearing (which was in November last year), I suspect the adjudicator has now reached a decision (but I’m giving the answer away). Continue reading

REUTERS | Brandon Malone

We saw a number of really long judgments from the TCC in 2016. Think Stuart-Smith J’s judgment in the Ocensa Pipeline Group Litigation as an example.

I don’t know why but it feels like I always seem to be the one that gets to cover them (even if that isn’t true). Therefore, you can imagine my enthusiasm when I saw Coulson J’s latest epic in Harlequin Property (SVG) Ltd and another v Wilkins Kennedy. I called the judgment in the Ocensa Pipeline Group Litigation a modern day equivalent of Tolstoy’s War and Peace. Therefore, at just under 900 paragraphs, Coulson J’s judgment could be called a baby War and Peace. Luckily I was stuck on a delayed train the day after I saw it on Bailii, so there was plenty of time to digest what Coulson J had written.

If you don’t do anything more, I implore you to read the first 13 paragraphs to get a feel for the case’s “startling features” and then the next 10 paragraphs to understand the witness evidence.The facts demonstrate that you can’t make this stuff up and the real world really is (sometimes) better than fiction. Continue reading

REUTERS | Eric Gaillard

It was only to be expected. Hard on the heels of FAC-1 (the framework alliance contract published by the Association of Consultant Architects, the group responsible for PPC2000) comes a guidance note from the NEC brigade, issued in liaison with the Infrastructure Client Group. It patiently explains that NEC3 offers an “ideal” (translation: “better than FAC-1”) contract model for creating an alliance. But does this claim stand up in practice? And how well does NEC3 address the very specific challenges posed by an alliance model? Continue reading

REUTERS | Russell Cheyne

Welcome to 2017

Arnold Bennett:

“The chief beauty about time is that you cannot waste it in advance. The next year, the next day, the next hour are lying ready for you, as perfect, as unspoiled, as if you had never wasted or misapplied a single moment in all your life. You can turn over a new leaf every hour
if you choose.”

As one year ends, so another year begins. Practical Law has been reflecting on events in 2016 and looking forward to 2017. Continue reading

REUTERS |

Shakespeare, Sonnets:

“How like a winter hath my absence been from thee, the pleasure of the fleeting year! What freezings have I felt, what dark days seen! What old December’s bareness every where!”

December is often a quiet month in current awareness terms, and this month was no exception. The government’s appeal to the Supreme Court on Article 50 dominated the news while it was being heard, although we will not know the outcome until early next year. There was still plenty of other Brexit news, including a call for evidence on what transitional arrangements ought to apply. Continue reading

REUTERS | Michaela Rehle

As we are all in the process of opening our annual referral notice Christmas presents, I thought you might welcome a brief distraction by considering whether anyone will be able to enforce the pending decision in the New Year. Perhaps surprisingly, 2016 has seen some developments on this front that practitioners need to bear in mind. Continue reading