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.
REUTERS | Jose Miguel Gomez
September 29, 2010
The revised TCC Guide: a new era but has practice caught up with procedure?
REUTERS | Petar Kujundzic
September 28, 2010
Ask the team: why use Part 8 in adjudication?
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
REUTERS | Lee Jae-Won
September 28, 2010
Transcribing adjudication hearings: whatever next?
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
REUTERS | Ricardo Moraes
The Court of Appeal’s decision in Nurdin Jivraj v Sadruddin Hashwani, could have the unexpected consequence of rendering a vast number of arbitration clauses void, thereby undermining London as an international arbitration centre.
This sounds extreme, but is it? Continue reading
REUTERS | Brandon Malone
September 21, 2010
CBI joins debate on government spending
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
REUTERS | Neil Hall
September 21, 2010
To resign or not to resign: that is the question
The title may be adapted from Shakespeare’s Hamlet, but it is a question often posed in adjudication. Should the adjudicator resign when he is invited to do so?
Most practitioners are familiar with the responding party inviting the adjudicator to resign, often citing jurisdictional reasons for the invitation, but what happens if it is the referring party that invites the adjudicator to resign? Should the outcome be any different to an invitation from the responding party? Continue reading
REUTERS |
September 15, 2010
The sustainability equation: finding the gold in green buildings
Sustainability has been firmly on the agenda for some time now and yet the transition towards sustainable development has been slow. Sustainability is often seen as being about “green buildings”, with a focus on managing environmental impacts, waste and energy cost savings. However, sustainable development is also about recognising that buildings are part of the fabric of society. They have an impact, whether good or bad, on the communities in which they are located and they have an impact on the well-being of those who live and work in them.
REUTERS | Adrees Latif
September 15, 2010
The new PFI? Hybrids are the future
I’m a fan of Jeremy Clarkson and laugh along with the rest at his digs at the Prius.
Hybrids- not worth the effort – a good diesel will do the job better.
But I’m not sure you can deride hybrids in every arena. A project we’ve been working on has made me look hard at the merits of a blended approach to funding in public sector projects and wonder whether it offers more opportunities in our current market than straightforward PFI. Continue reading
REUTERS | Sukree Sukplang
September 14, 2010
Evidence satisfying the “in writing” test in section 107(4)
Recently I wrote about “in writing” and how adjudicators deal with the issue of “is there a construction contract?”.
Shortly after that blog was posted, I was appointed in a dispute where the responding party challenged my jurisdiction, arguing that there was no construction contract as there was nothing in writing. The referring party denied this, arguing that the contract was “evidenced in writing” because there was a file note that set out the terms of the alleged agreement. Continue reading
REUTERS | Fabrizio Bensch
September 8, 2010
Does the genuine pre-estimate of loss test work?
The “genuine pre-estimate of loss” test is closely-tied to the liquidated damages clause (also known as LDs or LADs), which is a common feature in construction and engineering contracts. In the wider commercial context, it is part of the test of whether a court will strike down a clause as an unenforceable penalty.
Having been a part of the legal landscape in England, Wales and Scotland for some time, the Scottish Government recently dipped its toe into these previously settled waters and published a consultation on the Penalty Clauses (Scotland) Bill. The Bill has been drafted by the Scottish Law Commission (SLC), in an attempt to address concerns raised in this area of law. Continue reading