All Legal cartoon articles

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    The right to remain silent

    2012-08-10T00:00:00Z

    A recent case raises the question, how long must a letter of complaint stay unanswered before a dispute is inferred?

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    Smoothing over the cracks

    2012-07-27T00:00:00Z

    Here’s a case where homeowners took a builder to court for damages when cracks appeared in their homes. The question was how to calculate what compensation to pay

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    Thanks for the memories …

    2012-07-13T00:00:00Z

    As one current case shows, companies are getting fidgety about the sensitive information that goes out the door when employees leave to work for rivals

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    Two places at once

    2012-06-29T00:00:00Z

    Tony Bingham discusses what happened when the same case came before the TCC and an adjudicator. Read the full article here

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    Beware your own small print

    2012-06-22T00:00:00Z

    Supply-only deals don’t normally go to adjudication but here’s one that did largely because neither side had a clue what the terms of the contract said

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    Blast from the past

    2012-06-08T00:00:00Z

    A dispute over who should cough up for the costs of making good defects to a penthouse hinged on a fundamental aspect of contract law: what did the contract originally intend?

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    Why the scheme works a dream

    2012-05-25T00:00:00Z

    The Construction Act’s payment rules have baffled many a great mind - but all you have to do is follow the ‘Scheme’…

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    Disputes before payment date

    2012-05-18T00:00:00Z

    Here’s a recent dispute over payment that was deemed to have crystallised even though the payment date had not been reached

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    When your ‘best’ is put to the test

    2012-05-11T00:00:00Z

    Best endeavours clauses sound fair enough until the contractor finds that sticking to them could leave it out of pocket

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    Obliterated by obsession

    2012-05-04T00:00:00Z

    The amusingly acerbic judgment from a Canadian case offers a darker reminder of what happens when reason fails

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    The bad side of good faith

    2012-04-27T00:00:00Z

    ‘Good faith’ clauses might sound like a bit of modern touchy-feeliness, but they carry a real sting if you fail to heed them

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    The antique road show

    2012-04-20T00:00:00Z

    Nothing moves as slowly as the law - a dispute dating from 1991 is back in court and the arguments haven’t moved on an inch. Unlike the costs!

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    Careful who you trust

    2012-04-13T00:00:00Z

    Your dealings with a consultant are only secret if that consultant is a solicitor or barrister - whether you like it or not

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    All aboard the fair pay express!

    2012-04-05T00:00:00Z

    Network Rail hnas’t had to bully firms into signing its payment charter, for the simple reason that it’s in their interest too

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    A little light reading …

    2012-03-30T00:00:00Z

    New tomes on construction law and Scottish arbitration are well worth picking up – if your back can take it

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    How to kick a can down a road

    2012-03-23T00:00:00Z

    High court judges are rebelling and want to send standard final accounts disputes to the countu courts. All very well, but it would be a lot quicker to get adjudicators to hear them

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    Derelection and duty

    2012-03-16T00:00:00Z

    Does a council have the right to step in if a building is falling down and the owner does nothing? It’s not quite that simple …

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    Dicing with disaster

    2012-03-09T00:00:00Z

    Refusing to pay an adjudicator’s award because you think it will be overturned further down the road can be a dangerous and expensive game

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    Takes one to know one

    2012-03-02T00:00:00Z

    A negligence case against a professional often bt not always benefits from the opinion of an expert in the same field

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    Playing dirty

    2012-02-24T00:00:00Z

    Here’s a case that carries a warning to parties in a dispute that fighting your corner too viciously may cost you dearly in the long run