All articles by Tony Bingham 鈥� Page 22
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Keep it clean
A judge asked to enforce an adjudicator's decision may feel that the ruling is undermined by unfairness. So what dirty dealings might lead to this sticky situation?
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Shame, Brunel, shame
You'll all know that a certain Victorian engineer just missed out on "greatest Briton". But did you know he was one of the worst employers Britain has ever had?
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Ten years later 鈥�
Should you expect compensation if someone does you damage they should have foreseen? Of course. But what if it goes on for an unforeseeable length of time?
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A night on the tiles
Practising flamenco late at night in the room above mine may be your idea of fun. But if it disturbs my sleep and I take you to court, it may hurt you in the castanets
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The banality of error
How can a party to a dispute be right and yet lose? Answer: the adjudicator makes the wrong decision. Obvious, isn't it? So why is everyone so surprised?
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A landmark protocol 鈥�
The Society of Construction Law has just launched its Delay and Disruption Protocol. It's a splendid guide to solving extension of time and compensation problems
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You poor SAP
Few cases in construction have tested the 'satisfactory quality' standard of the Sale and Supply of Goods Act. Here's one, about boilers, that got a bit heated
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Don't be nice, be fair
Partnership and trust are great, but that's not what contracts are are there to promote. They are there to make sure that people do what they say they will
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Tales you lose
Don't get too smug reading about Jeffrey Archer's latest chiding 鈥� his case holds a warning to all of us about the danger of telling porkies and making up evidence
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Do yourself a mischief
Construction professionals won't want to be without these new guides 鈥� even if they do have to get a hernia picking up the first, Emden's Construction Law
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This really works 鈥�
The pre-action protocol aims to make litigation less nasty by giving litigants the chance to be civil to one another. To the surprise of its opponents, it does so
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A tragic obsession
The rule is that if you refuse to mediate before you litigate, you get walloped with the costs of the case 鈥� even if you win. This case is a very sad exception
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No more surprised parties
In adjudication, the referring party must present both sides of the story. If it doesn't, the other side can shout foul 鈥� but can't suddenly come up with new arguments
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Knockout argument
The received wisdom nowadays is that adjudication is better than going to court. But sometimes the court can offer a quick victory at a bargain price
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Base motives
Starting from this month, anyone who repays a debt late is liable to an additional 12% per annum interest. So, how will late the late payers try to wriggle out?
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We shall not be moved
A second look at the Guidance for Adjudicators focuses on how not to be intimidated 鈥� either by the parties or by the huge piles of paper they throw at you
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A guiding light
The Construction Industry Council has come out with some guidance for adjudicators that should ensure that they now know exactly where they stand
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Oh, the brass!
There's an awful lot of folk upset with the CITB for having the cheek to use the training levy to discriminate against builders that use self-employed labour
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The new world order
Over the years, the role of the adjudicator has been transformed from an impartial first stage of problem-solving to the judicial last word on dispute resolution
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Barking neighbours
Your neighbours from hell may claim that what they're doing is perfectly legal, but if they're causing a nuisance, they can still end up in the doghouse