REUTERS | Mike Segar

November 2010 digest: duty of care in tort and third party rights

Samuel Taylor Coleridge:

“The one red leaf, the last of its clan, that dances as often as dance it can,
Hanging so light, and hanging so high, on the topmost twig that looks up at the sky.”

The last of the autumn leaves are falling and winter is well and truly here. It seems that it isn’t only the birds that have migrated and wildlife that is heading into hibernation; at the time of writing, we have had only one judgment from the TCC this month. That is not to say that all the courts have been quiet. We have reported on the new exception to the without prejudice rule; estoppel and mistake; incorporating terms into a contract; and the Scottish court’s judgments on reasonable endeavours and reasons in an adjudicator’s decision (and clause 38 of the TeCSA rules).

Here at 19 Hatfields, this month much of our focus has been on readying ourselves (and you) for the changes to the Construction Act 1996 (on adjudication and payment under a construction contract), which may take effect from spring 2011. We have written a number of materials that not only explain the changes, but also focus on the similarities between the two regimes. These include a comparison table, a slideshow and FAQs for adjudication and payment.

We have also published two new schedules of third party rights, a note on Lord Young’s health and safety report and updated the notes on negotiating insurance provisions in JCT contracts.


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