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Experts have lessons to learn

Expert witnesses attracted a fair amount of judicial comment over the past year. Ann Levin and Patrick Stone of Herbert Smith Freehills review the most recent cases providing guidance on a number of aspects of using expert witnesses.

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Set-off to apply to third parties

Suriya Edwards and Julie Teal of Withers review the state of play with set-off which they argue can be used as a cash flow booster as well as a remedy to contractors. A recent case reviewed extends the application of the set-off rule to apply to third party agreements.

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The implications of claims made policy wordings

Despite improvements in recent years, claims made policy wordings can conceal pitfalls for the unwary. Insurance expert John D Wright of JD Risk Associates advises on practical steps to minimise the risks.

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It’s not how you got there; it’s where you end up

In our latest alternative dispute resolution series article Rachel Chaplin of Clyde & Co examines the latest court ruling on an adjudication involving an oral contract.

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No CDM 2015 Approved Code of Practice recommended

Despite the government’s indication that an Approved Code of Practice (ACoP) would be published to accompany the Construction (Design and Management) Regulations 2015, SI 2015/51 (CDM 2015), the HSE’s Construction Industry Advisory Committee (CONIAC) has advised against a new ACoP.

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State of play table 207

This table, prepared by Clyde & Co, provides a regularly amended guide to new and proposed legislation that will affect the construction industry. In addition to EU Directives and UK legislation, the table includes notes highlighting discussion papers issued by both government and non-government organisations, and commentary on the latest developments.

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Legal terms explained: Implied terms

The courts have recently reversed their stance on implied terms, returning to the position held before A-G of Belize v Belize Telecom Ltd [2009] UKPC 10.

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Penalty clauses

Legal terms explained

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Un-Belize-able: the diminishing role of commerciality

Parties will have to live and die by the wording of their contracts following an apparent Supreme Court volte-face on how contract terms are to be determined, warn guest editors Rachel Ansell QC and Matthew Thorne of 4 Pump Court.

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