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It’s not personal … it’s strictly business

Allocation of risk is a key factor in contract negotiation, which is often under appreciated, says Michael Conroy Harris of Eversheds in this analysis of the key factors to be considered. Different contract forms deal with risk differently, he warns.

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Red card for witness coaching

Ann Levin and Sean Whitham of Herbert Smith Freehills review recent cases that illustrate the dangers of taking an incorrect approach to preparing witnesses for court. Coaching is forbidden, but over preparation can also backfire, they warn.

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New arbitration guidance

In the latest of our series of alternative dispute resolution articles Alexander Whyatt of Clyde & Co examines the circumstances in which an agreement to arbitrate survives a contract becoming invalid or void.

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Budget 2013

Chancellor of the Exchequer, George Osborne, announced the government’s spending plans in its 2013 Budget on 20 March 2013.

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State of play table 182

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: Collateral warranties

The common law doctrine of privity of contract provides that as a general rule only a party to a contract can sue to enforce rights and obligations under it. Sometimes, however, the parties to a contract agree that a third party should be able to enforce its terms, because the third party has an interest in that contract.

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Handbook is required reading

The latest in our alternative dispute resolution series from Paul Morgan of Clyde & Co finds a long needed mediation handbook that should pave the way for less cynical and more useful mediation.

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Environmental risk growing

Insurance expert John D Wright of JD Risk Associates reports on the changing market for environmental cover. Bespoke insurance cover is essential as the level of regulation grows, he warns.

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How low dare you go?

The issue of what appear to be abnormally low tenders has had a recent airing in the European and Scottish courts, reports Robin Fallas of MacRoberts. Playing pricing games – even if backed by bonds and guarantees – can backfire, he warns.

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Turning up the ‘hot tub’ heat

In this review of some aspects of the changes ushered in by the Jackson reforms Vijay Bange of Trowers & Hamlins focuses on those that particularly affect expert witnesses. More parties could be getting into the ‘hot tub’ together, he suggests.

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