When is a collateral warranty a “construction contract”? – Practical Law: Construction Blog

Posted August 6th, 2021 in construction industry, contracts, dispute resolution, news, warranties by tracey

‘Or should that be, when is a collateral warranty not a construction contract? July was a busy month for TCC judgments, which makes the job of writing these blogs considerably easier. In addition to the fascinating judicial review cases being brought by the Good Law Project, one case that caught my eye was Timberbrook Ltd v Grant Leisure Group Ltd because it concerned the construction of a new orangutan enclosure at Blackpool Zoo. However, it is quite a detailed, merits-based judgment and, in the end, I plumped for the only TCC judgment (at least of those on BAILII) that concerned adjudication, Toppan Holdings Ltd and Abbey Healthcare (Mill Hill) Ltd v Simply Construct (UK) LLP.’

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Practical Law: Construction Blog, 3rd August 2021

Source: constructionblog.practicallaw.com

Pets and Divorce: Who keeps the dog? – Family Law

Posted August 6th, 2021 in animals, dispute resolution, divorce, families, news by tracey

‘The coronavirus pandemic has seen a boom in the number of couples welcoming new pets into their homes. According to the Pet Food Manufactures Association, an estimated 3.2 million UK households have acquired a pet since the start of the pandemic. However, in instances where a relationship breaks down and a couple separates or divorces, who keeps the dog?’

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Family Law, 5th August 2021

Source: www.familylaw.co.uk

Family arbitration : It’s arbitration, but not as we know it – Transparency Project

Posted August 2nd, 2021 in arbitration, dispute resolution, families, family courts, jurisdiction, news by sally

‘Let us start briefly with the idea of arbitration. It has been used for centuries to resolve commercial disputes. Unlike mediation, where parties must come to their own agreement which the mediator helps to facilitate, an arbitration is a contractual agreement to be bound by the decision of the arbitrator. Various schemes exist which allow commercial parties to appoint an arbitrator.’

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Transparency Project, 30th July 2021

Source: www.transparencyproject.org.uk

High Court warns uncooperative parties against “litigation warfare” – Legal Futures

‘A High Court judge has warned against “litigation warfare” as he pleaded with the parties in a construction dispute to co-operate in the face of spiralling costs.’

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Legal Futures, 30th July 2021

Source: www.legalfutures.co.uk

To order or not to order compulsory ADR: there is no question – 3PB

Posted July 29th, 2021 in chambers articles, civil justice, dispute resolution, news by sally

‘Earlier this month the Civil Justice Council published a report entitled “Compulsory ADR” (“the Report”).’

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3PB, 22nd July 2021

Source: www.3pb.co.uk

‘Breathing space’ on contractual disputes – Law Society’s Gazette

‘At the start of the first lockdown in March 2020, both the government and the courts made efforts to provide ‘breathing space’ for companies and stem the tide of legal action flowing out of Covid-19’s disruption to business.’

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Law Society's Gazette, 26th July 2021

Source: www.lawgazette.co.uk

TCC stays expert determination proceedings – Practical Law: Construction Blog

‘It has been quite some time since I have blogged about expert determination. In fact, the last time was six years ago when I wrote about the Court of Appeal’s judgment in Begum v Hossain, which concerned the valuation of shares in an Indian restaurant. That was before the term “Brexit” had been coined and most of us were happily oblivious to the meaning of the word “furlough”. Therefore, Jefford J’s recent judgment in Maypole Dock v Catalyst Housing Ltd, which concerned an interim injunction to restrain the pursuit of an expert determination, caught my eye.’

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Practical Law: Construction Blog, 6th July 2021

Source: constructionblog.practicallaw.com

Master of the rolls gives green light to mandatory ADR – Law Society’s Gazette

Posted July 13th, 2021 in civil justice, dispute resolution, human rights, news, reports by tracey

‘Mandatory (alternative) dispute resolution is lawful and should be encouraged, according to the Civil Justice Council’s report on compulsory alternative dispute resolution.’

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Law Society's Gazette, 12th July 2021

Source: www.lawgazette.co.uk

Too much of a good thing: serial adjudication, multiple disputes and NEC – Practical Law: Construction Blog

Posted July 2nd, 2021 in construction industry, contracts, dispute resolution, news by tracey

‘Adjudication has now become the default dispute resolution method for construction disputes, to the extent that some parties use it on multiple occasions and for multiple disputes. But that carries its own risks and complexities, as highlighted in the recent decision in Prater Ltd v John Sisk and Son (Holdings) Ltd.’

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Practical Law: Construction Blog, 29th June 2021

Source: constructionblog.practicallaw.com

Mediation – Don’t panic in the Pandemic – be prepared – 4-5 Gray’s Inn Square

‘The coronavirus pandemic and the current and continuing lockdown imposed by government has led to a number of consequences for the resolution of commercial disputes, and the administration of justice. First is where trials are being adjourned to uncertain dates, currently unable to take place due to the inability or unwillingness of people to attend court. Second is what is going to happen when the lockdown is eased or lifted, and disputes, which have been building up in the normal course, enter the system creating a backlog. Judges are understandably concerned that the courts and arbitral tribunals could face and potentially be overwhelmed by a wave of commercial cases. A number of these disputes will have arisen due to the parties’ inability to honour their contractual obligations due to the lockdown with complicated issues of law as to the remedies available.’

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4-5 Gray's Inn Square, 21st June 2021

Source: www.4-5.co.uk

Speech by the Master of the Rolls at the London School of Economics – Recovery or Radical Transformation: the effect of COVID-19 on Justice Systems – Courts & Tribunals Judiciary

‘Speech by the Master of the Rolls at the London School of Economics – Recovery or Radical Transformation: the effect of COVID-19 on Justice Systems.’

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Courts & Tribunals Judiciary, 17th June 2021

Source: www.judiciary.uk

Transport for Greater Manchester v Kier Construction: Notice the little things – Practical Law: Construction Blog

‘Preparing and sending contractual notices always makes me nervous. There are so many things to get wrong: is it in time, where should I send it, who to, how should I send it? Not to mention the actual content of the notice. For those of you like me, the recent case of Transport for Greater Manchester v Kier Construction Ltd shows that we are right to worry about these things. Notices are important, and getting them wrong has serious consequences.’

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Practical Law: Construction Blog, 2nd June 2021

Source: constructionblog.practicallaw.com

Claimants awarded £2,000 damages – and ordered to pay £500,000 interim costs – Law Society’s Gazette

‘A litigant in a building dispute who claimed £3.7m in damages – only to be awarded just £2,000 at trial – has been hit with a costs bill of at least £500,000.’

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Law Society's Gazette, 2nd June 2021

Source: www.lawgazette.co.uk

Court of Appeal tells parties: Don’t ignore our suggestion to mediate – Litigation Futures

Posted June 1st, 2021 in appeals, contracts, dispute resolution, news by sally

‘The Court of Appeal has criticised the failure of parties to heed its “strong” encouragement to resolve their dispute by mediation.’

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Litigation Futures, 28th May 2021

Source: www.litigationfutures.com

Buckland wants “most accessible justice system in the world” – Litigation Futures

Posted May 17th, 2021 in dispute resolution, jurisdiction, Ministry of Justice, news by sally

‘Lord Chancellor Robert Buckland declared yesterday that he aims to deliver a justice system across the UK “that is more accessible than any other jurisdiction on this planet”.’

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Litigation Futures, 14th May 2021

Source: www.litigationfutures.com

Does the Limitation Act 1980 apply to adjudication? – Practical Law: Construction Blog

Posted March 31st, 2021 in construction industry, dispute resolution, limitations, news by tracey

‘Your starting point, like mine, to the above question, which I will leave you to mull over the Easter break, is likely “of course!”. But why? This question was first explored by Peter Clyde in his blog in 2012. Since then we have had the benefit of the Supreme Court’s decision in Aspect Contracts (Asbestos) Ltd v Higgins Construction plc, but does this change the analysis?’

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Practical Law: Construction Blog, 30th March 2021

Source: constructionblog.practicallaw.com

£1 million voucher scheme to help families resolve disputes outside of court – Ministry of Justice

Posted March 29th, 2021 in budgets, dispute resolution, families, family courts, Ministry of Justice, news by tracey

‘Separating parents will be helped to avoid stressful court battles through a new million-pound mediation scheme launched by the government today.’

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Ministry of Justice, 26th March 2021

Source: www.gov.uk

Speech by Sir Geoffrey Vos, Master of the Rolls: Speech to Hull University – Courts and Tribunals Judiciary

Posted March 29th, 2021 in dispute resolution, judges, speeches by tracey

‘Speech by Sir Geoffrey Vos, Master of the Rolls: Speech to Hull University. The Relationship between Formal and Informal Justice ‘

Full speech

Courts and Tribunals Judiciary, 26th March 2021

Source: www.judiciary.uk


Ep 138: Mediation with Marina Wheeler QC – Law Pod UK

Posted March 18th, 2021 in barristers, dispute resolution, news, podcasts by sally

‘In Episode 138 Emma-Louise Fenelon speaks to Marina Wheeler QC about the burgeoning field of mediation, and outlines a number of useful tips for practitioners drawing from her own experience as a mediator.’

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Law Pod UK, 17th March 2021

Source: audioboom.com

The Effect of Foreign Jurisdiction Clauses on the Summary Enforcement of UK Adjudication Awards in Construction Contracts – 39 Essex Chambers

‘In the very interesting case of Motacus Constructions Ltd v Paolo Castelli SPA [2021] EWHC 356 (TCC), handed down on 22 February 2021 Judge Hodge QC determined:

“the apparently novel question whether the inclusion within a construction contracts for works in England of an exclusive jurisdiction clause in favour of a foreign court precludes the English court from entertaining proceedings for breach of the term implied by paragraph 23 of the Scheme [i.e. the Scheme for Construction Contracts] that the decision of an adjudicator binds the parties until the final determination of the dispute”.’

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39 Essex Chambers, 24th February 2021

Source: www.39essex.com