William Wordsworth, Resolution and Independence:
“There was a roaring in the wind all night, the rain came heavily and fell in floods, but now the sun is rising, calm and bright.”
Our monthly digest often starts with a weather-related quote, and this month is no exception, what with all the rain and flooding that the country has recently experienced. Continue reading
In Jacobs UK Ltd v Skidmore Owings & Merrill LLP, Coulson J was asked to consider the meaning of an agreement that had been reached between Jacobs and SOM compromising their previous round of litigation.
The case is a salutary warning of the need to ensure that the terms of any such agreement are clear and comprehensive, lest another round of litigation should follow. Continue reading
In the month since Lord Dyson’s judgment in PC Harrington v Systech was published, and I wrote a blog about it, there has been one subject on the lips of most adjudicators and those involved in adjudication (and it isn’t West Brom holding on to a Champion’s League place in the Premiership). Instead, it is the issue of a party’s liability for the adjudicator’s fees when he produces an unenforceable decision.
Since the Arbitration Act 1996 came into force, the courts have upheld arbitration clauses agreed between the parties in precedence to litigation commenced by one of them. If a contract contains an arbitration clause, then parallel proceedings will be stayed on either party’s application, even if the dispute is of a flimsy nature.
However, the court must first be persuaded that there is a genuine arbitration clause and this issue arose in Turville Heath v Chartis Insurance, decided by Edwards-Stuart J in the TCC earlier this month. Continue reading
The tragic earthquake in L’Aquila, Italy, followed a number of minor tremors and not only shook the population of the historic town, killing 308 people and leaving tens of thousands homeless, but also sent shock waves through the scientific and engineering communities both in Italy and worldwide, stirring much indignation among them.
Why? Four seismologists, two engineers (members of the Italian National Commission for the Forecast and Prevention of Major Risks) and a public official have been convicted of manslaughter (culpable homicide) and sentenced to six years in jail for failing to properly assess and communicate the risk of the earthquake. It’s said they painted an overly optimistic picture that reassured the local population leading them to return home and remain in their houses. Continue reading
Akenhead J first suggested the possibility of severing an adjudicator’s decision in Cantillon v Urvasco back in 2008. However, while severance was also discussed by the TCC later that year in Quartzelec v Honeywell Control Systems, it wasn’t until earlier this year in Working Environments v Greencoat Construction that an adjudicator’s decision was actually severed. Since then, severance has rather taken off, and the latest offering is in Lidl UK GmbH v R G Carter.
I was recently fortunate enough to be asked to speak at a dispute resolution conference in Dubai, which was jointly organised by Dubai Land Department and RICS. On one of the days, I took part in an expert witness workshop. It was fascinating to talk to people who act as experts in the local courts: Dubai has a civil law system so the expert is appointed by, and directly assists, the court.
A subscriber recently asked whether a contractor under a JCT contract can claim an extension of time after the contract administrator has issued a certificate of practical completion.
Is sub-contracting in Stevenage more dangerous than sailing the North Atlantic? And what have sub-contracting in Stevenage in 2007 and sailing in the North Atlantic in 1795 got in common with an adjudicator’s decision in 2012?
Regrettably, for the adventurers among you, this blog doesn’t attempt some kind of statistical comparison of the physical risks of the sub-contract and the transatlantic crossing. Perhaps more prosaically, it draws out some legal lessons from the hazards of contracting to complete both these activities. The dangers aren’t limited to sailors and contractors though: the Court of Appeal decision in PC Harrington v Systech ensures the perils apply to the adjudicator caught in the same conundrum. Continue reading
Do we need to think a little more carefully about what the public procurement rules cost to implement? Few people could disagree with the government’s stated procurement policy to:
“… buy the goods, works and services that it needs under a fair and open procurement process, guarding against corruption and seeking to secure value for public funds with due regard to propriety and regularity.”
However, for some time there have been mutterings about whether the rules themselves have contributed to the increased cost of public procurement. Commentators have noted that the cost of publically funded projects has risen well above inflation. And then there are the other costs. Continue reading
