Practical Law

We now have the revised TCC Guide, updated to ensure TCC practice is aligned with the CPR changes brought in as part of the Jackson reforms. Through TeCSA, we were fortunate in that we had the opportunity to assist Edwards-Stuart J, Judge in Charge of the TCC, in updating the Guide. For those of you … Continue reading TCC Guide catches up with Jackson →

Instead of the usual straightforward Christmas quiz, this year we give you our festive construction wordsearch!

Cost management in the courts has been around now for some time. In the TCC, we have had extended pilots dating back to 2010 and, since April 2013, the new provisions courtesy of section II of CPR Part 3 and PD 3E have been in place. With this backdrop, I am often being asked whether I think … Continue reading Is cost management by the courts working? →

My last blog on cost management was, I now appreciate, rather boldly titled “Cost management by the courts is here to stay”. I was writing in the context of the TCC but my thoughts were soon endorsed when the judiciary announced that the cost management regime would be applied to all multi-track cases in all courts … Continue reading Cost Management in the TCC: here today, gone tomorrow? →

Is your Christmas tree a complex structure? Are there three wise men on your dispute board? Berwin Leighton Paisner’s Christmas quiz is back to test your legal knowledge with a stocking full of construction teasers, one for every day of Christmas.

Although much has been written about the proposed reforms to the civil litigation system, in many ways we remain slightly in the dark about how the changes, once implemented, will work in practice. In terms of how IT will assist in this, until the thirteenth lecture in LJ Jackson’s series of lectures aimed at explaining … Continue reading A “Brave New World”: how IT is going to transform civil litigation →

Do you know your Tolent clause from your Santa Claus? Then why not test your knowledge of construction law? Berwin Leighton Paisner’s Christmas quiz is back and as challenging as ever.

There may have been some dissenters when cost management initially came to the fore during Jackson LJ’s far-reaching civil litigation costs review, but the majority view now seems to be that cost management through the courts is to be welcomed. After all, cost uncertainty and the fear of unmanageable costs represent some of the biggest … Continue reading Costs management by the courts is here to stay →

Once again, it’s time for the Berwin Leighton Paisner Christmas quiz. Why not test your knowledge of construction law? This year’s quiz is as challenging as ever.

Construction projects nearly always involve a number of parties. For example, in addition to the employer and the contractor, most projects include the services of consultant engineers and architects, with various sub-contractors engaged along the contractual line. Sometimes there are funders and developers too. Therefore, it is not unusual for disputes to arise between a number … Continue reading The tangled web of a multi-party dispute →

On Friday, the latest version of the TCC Guide takes effect. The TCC has used the opportunity to set down a procedure that reflects where it wants to be when it takes its position as part of the new business court in the Rolls Building in 2011.

Yesterday evening the Construction Projects Knowledge Management Association invited Mr Justice Ramsey to speak to members and their guests at Keating Chambers. The topic for discussion was the impact of the electronic age on documentation, in terms of: E-disclosure problems and solutions. E-working in the TCC. Both the topics pre-date the Jackson report and much … Continue reading Electronic disclosure and e-working in the TCC: the impact of the electronic age on documentation →

How good is your knowledge of construction law? Fancy rounding-off the year in style? Why not test your mettle with our Christmas quiz, but beware our yuletide-themed trick questions? 

Choosing the right form of contract is fundamental to the success of any project, particularly if the parties are contracting outside their own jurisdictions. The FIDIC forms were traditionally the contracts of choice for international projects. However, since the IChemE published its International Suite of Contracts almost two years ago, parties need to consider whether … Continue reading FIDIC or IChemE, which is best for your project? →

It can be of no surprise that in the recent decision of PT Building Services Limited v ROK Build Limited [2008] EWHC 3434, Ramsey J held that a contractor could not both “approbate and reprobate” an adjudicator’s decision.

In a previous blog post we raised some of the practical problems that arise when trying to comply with the Pre-Action Protocol for Construction and Engineering disputes (the “Protocol”) in large multi party actions. It would have been overly optimistic therefore to think the impending new Practice Direction on Pre-Action Conduct (the new Practice Direction) … Continue reading Pre-action problems likely to persist →