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:
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
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
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
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
“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
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
Why would I want to use CPR Part 8 in adjudication? While I know that the Technology and Construction Court (TCC) has supported its use, doesn’t it just take extra time and cost more money? Continue reading
It may be common place for parties to arrange for a daily transcript of court proceedings to be produced, but I’ve just had first-hand experience of parties using transcribers in the adjudication hearings before me. Continue reading
The government spending review is only a month away and everyone is fighting to avoid cuts in their sector. This week, the CBI published its submissions to the government, but will they help the construction and engineering industries? Continue reading
