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May 2015 digest: the Queen’s Speech, courts and comment

Douglas Adams, The Restaurant at the End of the Universe:

“…one of the many major problems with governing people is that of whom you get to do it; or rather of who manages to get people to let them do it to them… anyone who is capable of getting themselves made President should on no account be allowed to do the job.”

The first majority Conservative government since 1992 was elected this month. Since then, we’ve heard the Queen’s Speech (which sets out the legislative programme for the 2015-16 Parliamentary session) and know the second budget of the year will be on 8 July 2015. While many of the bills in the Queen’s Speech may have come as no surprise, we covered the construction, property, planning and environmental aspects.

After a quiet few weeks, it seems adjudication enforcement is back (although some may say it never went away). This month, the courts have been asked to consider whether:

Matt Molloy looked at the differences between adjudication in England (under the Construction Act 1996) and in Ireland (under its Construction Contracts Act 2013). Part one focused on procedural and enforcement differences, part two on appointment, fairness and public law issues (like Wednesbury unreasonableness).

Other courts have also been busy. For example, the:

We have also had plenty of comment, with:

New and updated content this month has included a revised note on the mediation of construction disputes by Elizabeth Repper, a revised note on liquidated damages, improved guidance on JCT collateral warranties and updated professional negligence materials

CDM 2015-related items included amendment sheets for the PPC2000, TPC2005 and the Infrastructure Conditions of Contract (ICC), and guidance on the NEC3 ECC.

Finally, Practical Law Dispute Resolution joined the blogging fraternity this month. The blog launched with a three-part interview with Sir Vivian Ramsey, who looked at issues past, present and future. Other posts that may be of interest to construction practitioners have looked at part 36, compulsory mediation, penalty clauses and liquidated damages, costs management and costs budgeting.

Practical Law Monthly digest

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