Practical Law

It is quite difficult to explain to a non-lawyer why the decision in Persimmon Homes Ltd and others v Ove Arup & Partners Ltd is important. After all, didn’t the Court of Appeal simply decide that the exclusion clause in question means what it says? But to lawyers, who read exclusion clauses through a prism … Continue reading Exclusion clauses in commercial contracts: the contract is king →

It struck me the other day that, of the vast number of adjudications I have been involved in over the last 12 years, only once has a female adjudicator been appointed. So I asked my colleagues whether my experience is typical. It is.

In Henia Investments v Beck Interiors, Akenhead J gave important guidance on the implications for contractors of submitting late payment applications. While, understandably, this aspect of the judgment has received most of the attention, Henia provides equally helpful guidance to employers.

Should we be able to take it for granted that an expert providing a report for use in an adjudication is required to act independently or do we need to put safeguards in place to ensure that the adjudicator is not misled by a partial expert? This is the question I found myself pondering after … Continue reading The role of experts in adjudication →

The Ministry of Justice (MoJ) has consulted on increasing court fees, including in the TCC. The aim is to reduce the cost to the taxpayer; to achieve full cost recovery by making those who can afford to pay contribute more to the costs of the courts. Many lawyers are up in arms about the proposals. My … Continue reading Is the cost of litigating set to rise as court fees are increased? →

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 … Continue reading The hidden cost of public procurement →

With all aspects of court proceedings coming under scrutiny and reform to ensure they are cost effective, it is perhaps not surprising that the Technology and Construction Court (TCC) is looking at the Pre-Action Protocol for Construction and Engineering Disputes. Is it a waste of time and money, or does the upfront investment lead the parties … Continue reading More change at the TCC: abolition of the Pre-Action Protocol? →

The overwhelming practice in international arbitration is for disclosure to be governed by the IBA Rules on the Taking of Evidence in International Arbitration (the IBA Rules). The IBA Rules’ disclosure requirements are equivalent to option two of Jackson LJ’s proposed menu of options for disclosure (as set out in his preliminary report). In my … Continue reading How does Jackson LJ’s option two for disclosure work in practice? →