- January 15, 2020
Witness evidence in the TCC: reform is on the way
January is undoubtedly the most popular time of year for new year resolutions, but the Business & Property Courts (B&PCs) got a head start on all of us by publishing their 2020 resolutions in early December. As many of you will be aware, in 2018 the B&PCs set up a Witness Evidence Working Group, consisting … Continue reading Witness evidence in the TCC: reform is on the way →
- February 6, 2019
Adjudication and insolvency – guidance from the Court of Appeal
Summer 2018 will be remembered as a special time by many readers of this blog: whether it was the spectacular weather, the giddy heights hit by the England football team, or Fraser J’s decision in Michael J Lonsdale (Electrical) Ltd v Bresco Electrical Services Ltd (In Liquidation), it was a summer to remember. To recap … Continue reading Adjudication and insolvency – guidance from the Court of Appeal →
- May 9, 2018
The fine line between design and implementation: scope of NEC Option X15
Last year, I blogged on the first instance decision of the Scottish courts in SSE Generation Ltd v Hochtief Solutions AG and another. That decision has been overturned by the Inner House, Court of Session (the Scottish equivalent of the Court of Appeal) in an important judgment that sheds light on how the English courts might … Continue reading The fine line between design and implementation: scope of NEC Option X15 →
- March 7, 2017
Design liability under NEC: lessons from the Scottish courts
Choose life. Choose a job. Choose a career. Choose a £128 million hydroelectric scheme in the Scottish highlands, with a five mile tunnel running through the Conagleann Fault Zone, drilled by an enormous machine the locals affectionately nick-named “Eliza Jane”. Choose NEC ECC, Option A, design and build. Choose a tunnel collapse eight months after … Continue reading Design liability under NEC: lessons from the Scottish courts →
- February 9, 2016
With friends like these… Burgess v Lejonvarn: a parable for construction professionals
A friend phones you for legal advice. He is in the middle of home extension works and while they started off well, the works are now running well behind schedule and the standard of workmanship is shoddy. What do you do? Hang up in a panic or confidently recite Supreme Court judgments and reassure them … Continue reading With friends like these… Burgess v Lejonvarn: a parable for construction professionals →