Monthly Archives: September 2010

REUTERS | Ina Fassbender
As Truman Capote said:

“Writing has laws of perspective, of light and shade just as painting does, or music. If you are born knowing them, fine. If not, learn them. Then rearrange the rules to suit yourself.”

It was all change at the TCC this month. Not only did Akenhead J’s time as the Judge in Charge begin (and Ramsey J’s end), but we also waved goodbye to the old TCC Guide. The second revision is now upon us. Are you up to speed? Continue reading

REUTERS | Jumana ElHeloueh

Every now and then a case comes along which forces us to reassess and question the way we see things. The Court of Appeal’s decision in Nurdin Jivraj v Sadruddin Hashwani, about which Richard Power also wrote last week, is one of those cases.

In deciding arbitrators are “in employment” for the purposes of anti-discrimination laws, the Court of Appeal has created a world of uncertainty as to what (if any) restrictions parties may agree in their arbitration clauses on who may serve as arbitrator without rendering their agreement to arbitrate void. Continue reading

REUTERS | Jose Miguel Gomez

On Friday, the latest version of the TCC Guide takes effect. The TCC has used the opportunity to set down a procedure that reflects where it wants to be when it takes its position as part of the new business court in the Rolls Building in 2011.

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REUTERS | Neil Hall

The title may be adapted from Shakespeare’s Hamlet, but it is a question often posed in adjudication. Should the adjudicator resign when he is invited to do so?

Most practitioners are familiar with the responding party inviting the adjudicator to resign, often citing jurisdictional reasons for the invitation, but what happens if it is the referring party that invites the adjudicator to resign? Should the outcome be any different to an invitation from the responding party? Continue reading


Sustainability has been firmly on the agenda for some time now and yet the transition towards sustainable development has been slow. Sustainability is often seen as being about “green buildings”, with a focus on managing environmental impacts, waste and energy cost savings. However, sustainable development is also about recognising that buildings are part of the fabric of society. They have an impact, whether good or bad, on the communities in which they are located and they have an impact on the well-being of those who live and work in them.

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REUTERS | Adrees Latif

I’m a fan of Jeremy Clarkson and laugh along with the rest at his digs at the Prius.

Hybrids- not worth the effort – a good diesel will do the job better.

But I’m not sure you can deride hybrids in every arena. A project we’ve been working on has made me look hard at the merits of a blended approach to funding in public sector projects and wonder whether it offers more opportunities in our current market than straightforward PFI. Continue reading