REUTERS | Mike Hutchings

August 2010 digest: holidays and the summer recess

Aristotle said:

“The end of labour is to gain leisure.”

August is traditionally the month when people take a holiday, and yet this month it has not been at all quiet on the legal front (although the furore over the judgment in City Inn v Shepherd seems to be over). 

The courts may be in summer recess, but we have had judgments on a contractual duty of good faith, the scope of the duty of care, dispute resolution clauses and the appeal in the Linklaters litigation.

In the TCC, adjudication issues under consideration have included whether there was an implied agreement on jurisdiction, “blowing hot and cold” and the basis of a jurisdictional challenge. The TCC has also announced that Akenhead J will be the next Judge in Charge and that there will be a new rule book from the start of term.

Environmental issues have also been under the spotlight, with portals for SWMPs, the government’s new energy policy, the future of nuclear power, WRAP’s construction advice to NHS clients, RIBA’s guides on low carbon design and the future of building regulations.

Elsewhere, we have read about adjudication standard documents, party walls, schools (BSF of course), hospitals (ProCure21+), third party rights and quantification of defects claims. To top off your holiday reading, we have also added new content on construction sub-contracts in PFI and PPP projects, NEC3 term and term short contracts and construction projects in Brazil.

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