What is the effect of a failed assignment?

Michael Douglas QC of 4 Pump Court analyses a recent court decision relating to non-assignment clauses and declarations of trust. Use clear wording in contracts if you want to rely on declaring a trust to avoid a non-assignment clause, he advises.

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Alliancing still to be tested

Ben Mullard and Pasquale Pisanelli of Beale and Company review the development of the alliancing model and consider some of the ongoing issues that might need to be addressed. Can the traditional contracting mindset be completely left behind?

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Judges given greater discretion over injunctions

Guy Willetts of Trowers & Hamlins analyses a Supreme Court ruling that has widened the discretion given to judges to decide whether damages should be awarded instead of an injunction in cases where property rights are infringed.

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Adjudication limitation: a spectre of uncertainty

Andrew Batty of Pinsent Masons reports on conflicting Court of Appeal rulings that bear on the question of limitation periods. While the resulting uncertainty persists, at least one of the rulings should not be relied on, he warns.

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Employee or independent contractor?

Insurance expert John D Wright of JD Risk Associates casts his eye over who is regarded as an ‘employee’ under employers’ liability insurance policies. In case of doubt over employment status, insurers like to see both employers’ and public liability policies in place.

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Who owns what?

Contractor insolvencies are expected to continue as the economy recovers from recession. Michael Bennett of Weightmans reviews how the courts regard title to materials and equipment already delivered to site when a contractor goes bust.

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Draft LCIA Arbitration Rules 2014

This latest article in our alternative dispute resolution series from Christopher Leadbetter and Rachel Chaplin of Clyde & Co outline proposed changes to the LCIA Arbitration Rules.

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Legal terms explained: Termination

Terminating a contract is a serious step and it is therefore necessary to consider the legal basis for termination, under the contract and in common law, as well as the factual background.

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New Lord Chief Justice sends clear warning

Guest editor Anne Davies, Special Counsel at Withers, warns that an appeal court decision could have more impact than the Corporate Manslaughter Act, and must be seen as a wake up call by the construction industry. Fines related to turnover could become the norm for safety and environmental breaches.

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State of play table 189

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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