All articles by Tony Bingham – Page 16
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28 days later
We all know that the key selling point of adjudication is its 28-day time limit. But that’s no good if the rules don’t agree on when the clock starts ticking
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Devoured by their house
This is how a simple house extension turned into a simple dispute, which turned into a bitter dispute, which turned into a very expensive legal case. And for what?
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A tense situation
Can the party defending an adjudication give new answers after proceedings have begun? Well, it seems that depends on the language used in the question …
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It’s a Pope thing
Pope Urban Vlll took a cavalier attitude to evidence in his dealings with Galileo, but things have moved on since – as this Court of Appeal judgment shows
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How to be a good dog
What does an adjudicator do if a ‘litigant in person’ is up against a multinational represented by a top lawyer? Ensure that the proceedings are fair, that’s what
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Away with the fairies
The DTI thinks that, with a sprinkling of fairy dust, adjudicators can rewrite laws and be made impartial. Believe that, and you might as well believe in Tinkerbell
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Directions to Dartmoor
Two solicitors have published a document listing 47 common practices in the industry, all of which are also criminal offences. It’s a real eye opener …
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Sort out your attitude
Being a member of the awkward squad can cost you, even when right is on your side. These days it pays for both sides of a dispute to co-operate with each other
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For your eyes only
It is commonly believed that documents marked ‘without prejudice’ must not be read by a third party. In fact, it all depends on what they say
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Shock and or
It happens all the time – a contractor thinks the spec means one thing, the client another. In this case it ended in a judge’s interpretation of the word ‘or’
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Exception to the rule
If you win a case against a limited company that goes bust usually you can’t pursue the owners for costs. But in this case that’s exactly what did happen …
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Stop having fun
In Scotland, parties can no longer indulge in games of ambushing courts with fresh evidence. An eminently sensible idea, and one that should apply to adjudication
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Plugging away
Know a bloke who can sort your electrics? For a good price? Well, only if you don’t include the £5000 fine from your newly empowered building control officer
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Hired gun takes a bullet
Here’s a story about an expert witness who, after giving evidence, is being pursued through the courts for £400,000 over an alleged breach of duty
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Hired gun takes a bullet
Here’s a story about an expert witness who, after giving evidence, is being pursued through the courts for £400,000 over an alleged breach of duty
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Chilling thoughts
The M&E engineer on a north London shopping centre paid out £1.25m after tenants complained about the draught. Then it tried to sue the architect …
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East, west, probity’s best
In donating to the Asian tsunami appeal, generosity is tempered by cynicism over how contracts will be run. But at least the World Bank has found some answers
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Living with The Others
Hovering above the real people doing real jobs on real site is a vast ghostly world of contract documents and legal obligations. How should the two interact?