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By Jessica Stephens
The issue of costs has troubled adjudicators and the courts since the Housing Grants Construction and Regeneration Act 1996 was introduced. This article seeks to clarify the statutory position in the light of the case law.
By Justin Mort
The decision has given rise to a certain amount of negative comment, with many commentators expressing surprise, or even suggesting that the case was wrongly decided.
By James Thompson
As usual, there have been a number of judgments in relation to applications to enforce adjudicators’ decisions in the last year, dealing with some interesting points.
By Stephen Furst Q.C. B.A. (Hons), LL.B. (Hons)
Two matters need emphasis: First, as ever, the express words of the contract must be examined with care.
By Jane Lemon
In this recent decision of Ramsey J, the TCC considered whether sending a photocopy of a claim form by post or DX amounts to valid service. In addition, there is a useful comparison in the judgment of the court's approach to relief from sanctions under the old CPR 3.9 and the new version, which applies to all applications made post 1st April 2013
By Calum Lamont
It is always the case that an aggrieved tenderer will naturally want to find out as much as possible about what happened during a procurement process in order to fully understand why his bid failed.
By Justin Mort
Konkola Copper Mines plc owns one of the largest copper mines in the world, in Zambia. It engaged U&M, and in due course a Zambian U&M subsidiary incorporated for the purpose, to mine copper and waste.
By Professor John Uff CBE QC
Two distinguished US international arbitrators recently published an outspoken attack on two distinguished European arbitrators, following their own publication of articles questioning the impartiality of party-appointed arbitrators.
By David Thomas QC
Hackney Empire Theatre is a fine building and it puts on great live music, comedy drama and dance in the East of London.
By Alexander Nissen QC
This was a claim in relation to professional services provided by the defendants on a project for the construction of a major road, the A55, in North Wales.
By Marc Rowlands QC
Marc Rowlands QC Reflects On Taking Silk Last Year
By David Gollancz
Abnormally low tenders create serious risks – as was demonstrated by the collapse of Connaught plc in September 2010 – but the law about them is ambiguous.
By Adrian John Williamson QC
Where two or three construction practitioners are gathered together, talk often turns to the impenetrable mysteries of concurrency, global claims and the like.
By Philip Boulding QC MA LL.B (Cantab)
In a recent case, the court had to consider whether in response to an application for disclosure, correspondence with Knowles Ltd, a claims consultancy that employed personnel with legal qualifications and which had been retained by the defendants to provide 'contractual and adjudication advice' was covered by legal professional or legal advice privilege.
By Professor John Uff CBE QC
In August 2011, the Institution of Civil Engineers took the surprising decision to withdraw its sponsorship of the Conditions of Contract, which had borne its name since 1945.