All articles by Tony Bingham 鈥� Page 24
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A Makarios moment
This year's book review includes an unmissable contract dictionary, even if it was attended by a meeting with the men in black, including a ghost from the Seventies
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Counter-intelligence
If you're unlucky enough to be on the wrong end of an adjudicator's award and the winner owes you money, can you take that off the amount due?
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My word against yours …
Remember the Discain vs Opecprime cause c茅l猫bre? Well, it's just been decided in court, and the trial offers an invaluable lesson on how the law really works
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Transcendental mediation
An 'adjudimed' is an adjudicator with knobs on, someone who will use mediation methods to get the parties to rise above the dispute and resolve it for themselves
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Getting in early
The Society of Construction Law has brought out a best practice guide for those gearing up for a dispute about delay. Do yourself a favour and download it now
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Getting burned
If you are going to rely on the design expertise of a specialist subcontractor, it's up to you to check it has what it takes to do the job – or run the risk of …
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Expert witless
The very strange case of three architects, two designs, a substandard expert witness and a judge who was left fuming
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Synchronise watches
If you are going to accuse someone of failing to progress work diligently, then you'd better make damn sure you have given them the correct extension of time
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Two go mad in Devon
Why do people pretend that arbitrators are wigless judges? As the parties to Pillar vs Edwards found out, you can pay through the nose for very rough justice
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Re-drawing the line
The Construction Act makes bizarre distinctions between what does and does not fall within its payment and adjudication provisions. Pencils out, everyone
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Promises, promises
Pity the subbie who thought that an oral agreement to foot a 拢1.3m bill could be relied on. It couldn't, and the subbie had to pay. The story begins in 1677 …
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Independence daze
How do arbitrators square their duty not to be swayed by outside pressure with their fear of being given the boot by the High Court? With difficulty, alas
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Question a silly answer
Tony Bingham An adjudicator makes a boob and the judge says he has answered the wrong question. But he hasn't: he's just answered the right question wrongly
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Don't take my word for it
When someone shakes your hand and says they intend to do business with you, you might reasonably believe you have an oral contract. Think again
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Don't be daft
When is a decision not a decision … but still counts as one? Lord Reed's answer to this riddle helps us understand when the courts can overrule adjudicators
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Running for cover
Professional companies are usually liable for their employees' breach of duty. But what if the firm goes bust and the employee is sued? Better get insured
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Well, you're no judge
Arbitration has been overshadowed lately by trendier forms of dispute resolution such as mediation. But it could make a comeback – with a change of clothes.
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Too close to call
Should an arbitrator accept evidence from an expert witness if that witness has a close personal or business relationship with the party that engages them?
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Speaking volumes
New editions of important books: the first does wonders for our understanding of dispute management; the second is a weighty tome on contract law