Sara Coleridge, Pretty Lessons in Verse:
“January brings the snow, Makes our feet and fingers glow.”
January is described by Wikipedia as “the coldest month of the year within most of the Northern Hemisphere…”. We are sure no-one would contradict this. Snow and ice, freezing weather and failed transport systems once again dominated the news at the start of the year. No doubt many construction projects “stalled” during those two weeks of chaos, and we published a note to help our subscribers.
Jackson LJ’s costs review is the biggest thing to happen to civil litigation in England and Wales since Lord Woolf’s sweeping changes were introduced in the 1990s. Those of us who are old enough, remember life pre-CPR and the joys of the change-over in 1999. Unsurprisingly, there was much anticipation in civil litigation circles in the lead-up to 14 January, when the report was finally published. We now have to wait to find out what life, post-Jackson, will be like, and when (or if) the recommendations will come into effect. TCC users shouldn’t be surprised if the TCC Guide (which is presently being revised), incorporates many of the proposed changes.
The environment is always on the agenda with: boiler scrappage; Buncefield; the Code for Sustainable Homes; carbon reduction targets; the Carbon Reduction Commitment; and thoughts on life after Copenhagen. However, the UK Government’s determination to lead the world after Copenhagen means that the CRC will, justifiably, keep top billing as 2010 continues.
In adjudication, the TCC has dealt with a variety of issues:
- Parties disclosing without prejudice material to adjudicators (not a breach of natural justice).
- An adjudicator not considering an earlier adjudicator’s decision (not a breach of natural justice).
- How many sub-contracts were there? (One, the decision was enforceable.)
- Could the court sever the adjudicator’s decision? (It could, and enforced part only.)
- The adjudicator’s use of the slip rule (it was proper to amend typos only).
In other news, the Court of Appeal looked at crane hire agreements and upheld the TCC’s decision in Supershield v Siemens on causation and remoteness of damage; the High Court considered breaches of the Party Wall Act and setting aside statutory demands; and the TCC considered an architect’s claim for fees and interest.
And finally, if you’d like to know more about what may be in store for the rest of this year, don’t forget our looking forward update, which will point you in the right direction.
