REUTERS | Andrew Winning
October 7, 2009

Global claims: what are they and how do you plead one?

What is a global claim?

A global claim may be defined as a claim where a global or composite sum is put forward as the measure of damages or contractual compensation where there are two or more separate matters of claim or complaint, and where it is said to be impractical or impossible to provide a breakdown or sub-division of the sum between those matters. Continue reading →

REUTERS | Brian Snyder
September 30, 2009

A mere technicality?

The TCC takes a robust approach to enforcing adjudicators’ decisions and a dim view of parties “simply scrabbling around to find some argument, however tenuous, to resist payment” (Chadwick LJ, Carillion Construction Ltd v Devonport Royal Dockyard). However, a technical breach by one of the parties can result in the court declining to enforce an adjudicator’s decision. Often, the “technicality” is raised at a late stage and can sometimes appear to be the result of a “scrabbling around” exercise.

Continue reading →

REUTERS | Brian Snyder
September 30, 2009

September 2009 digest: autumn leaves, bid-rigging and public procurement

John Keats, Ode to Autumn:

“Season of mists and mellow fruitfulness

Close bosom-friend of the maturing sun”

September marks the end of summer and the start of autumn; and while it has been warm (and mostly dry) after our wet and cool summer, it has nevertheless brought a chill wind to the leading contractors fined by the OFT. Continue reading →

REUTERS | Alexander Demianchuk
September 29, 2009

UCATT publishes blacklisting report

The Union of Construction, Allied Trades and Technicians (UCATT) has published its report on blacklisting in the construction industry, Ruined lives – blacklisting in the construction industry.

Unsurprisingly, the report criticises the Government and the Information Commissioner’s Office (ICO) for their handling of the scandal. It also raises several concerns about the Government’s proposed blacklisting regulations. Continue reading →

REUTERS | Jose Miguel Gomez
September 28, 2009

Right, wrong, creative or delusional?

…or how do we make a decision and how do we know we are right?

There is a story about a student taking an exam at a university. He calls over the invigilator and says “I’m not trying to be funny, but the questions are the same as last year.” The invigilator replies: “Yes, but the answers have changed.” Continue reading →

REUTERS | Ilya Naymushin
September 25, 2009

“At any time”: what does it mean?

Earlier this year I wrote about what “at any time” means, in the context of a Scottish decision, but do you ever wonder what it actually means?

I think its ordinary meaning is self-explanatory but I put the phrase into Wikipedia to see what would come up. I was surprised that I didn’t get any exact results, so I Googled it, and the first return was an artistic piece, along with items on education, aliens and slaves, but nothing in the first few of the 550 million hits really defined it. Continue reading →