False. The recent case of Azimut-Benetti SpA v Darrell Marcus Healey is another example of the courts moving away from the “genuine pre-estimate of loss” test and looking at whether the clause is commercially justifiable.
REUTERS | Brian Snyder
REUTERS | Jumana El Heloueh
October 13, 2010
Sustainable construction in Wales: a diverging path?
Last week, I looked at the progress on sustainability in Wales. This week, I’d like to focus on three keys areas that may develop differently in England and Wales, as the devolved legislation affecting sustainable construction continues to develop, before considering how Welsh businesses are reacting to the changes.
The three areas I want to highlight are:
- Waste.
- PPPs.
- Building Regulations.
REUTERS | Ilya Naymushin
October 12, 2010
Making enquiries of the parties to adjudication
Regular readers of my blog (and followers of PLC Construction) may be forgiven for thinking that I have a crystal ball and can see into the future, after writing last week about without prejudice, only for the very same topic to appear in a Coulson J judgment later the same day.
Having discussed without prejudice last week, I will leave that for another day. However, other aspects of Coulson J’s judgment merit attention, particular his words at paragraph 11. Continue reading
REUTERS | Jason Lee
October 6, 2010
A privileged position? Legal advice privilege under scrutiny
Legal advice privilege exists so that a client and his solicitor may speak candidly to each other when seeking and providing advice as to what should be done in a relevant legal context. That candour would be impaired if those communications might be disclosable to a third party.
This area of privilege has been undermined in recent years, particularly for in-house lawyers. This post takes a broad look at the ECJ’s judgment in Akzo Nobel, against the backdrop of the judgment in Three Rivers, and considers whether together they represent a judicial trend away from legal advice privilege. Continue reading
REUTERS | Brian Snyder
October 6, 2010
Sustainability in Wales: blazing a trail
As a Welshman, it’s good to be showing the English the way for once.
For more than 10 years, Westminster has devolved legislative and executive functions to the National Assembly for Wales (NAW) and the Welsh Assembly Government (WAG). To some degree, health, education, transport, housing, local government and environmental protection have all moved into Welsh control. Gradually, Welsh law is emerging in its own right.
Whatever you think of this development, construction is at the forefront of it because of the WAG’s ambitious and impressive sustainability agenda. Continue reading
REUTERS | Christian Charisius
October 5, 2010
Offers to settle disclosed to the adjudicator
What happens if, during the adjudication, one party intentionally or accidentally discloses to the adjudicator a settlement offer made by the other party? Continue reading
REUTERS | Pillar Lee
October 1, 2010
E-disclosure – are you ready for it?
Disclosure, discovery, whichever term you choose, the process is synonymous with time and expense in litigation. In subject areas that are document-heavy, like construction and engineering disputes, or large commercial cases, the cost of going through the disclosure process is often a significant part of a party’s overall costs. Continue reading
