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Reports from the courts: August 2012

Our latest round up of the court decisions of most relevance to construction comes from Will Buckby and Andrew Beale of Clyde and Company, focussing on a TCC decision relating to set-off against an adjudicator’s decision; and a case that highlights the dangers of using letters of intent.

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Care needed with termination

Our contracts monitor Michael Phipps, Principal of Thurston Consultants, continues his scrutiny of the JCT Intermediate Building Contract with Contractor’s Design, turning his attention to the clauses dealing with termination of Named Sub-Contractors. Main contractors need to be careful to follow the exact procedures, he warns.

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UK Bribery Act – one year on

The first anniversary of the Bribery Act fell on 1 July. Val Surgenor of MacRoberts says although there have been no major prosecutions so far, more effective enforcement can be expected.

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Avoiding unintentional pitfalls

Disputes over letters of intent are as common as ever but, argue Will Buckby and Andrew Croft of Beale and Company, they can easily be avoided, or at least used with greater care.

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Asbestosis liability clarified

Employers’ liability insurance is in the news again and for the wrong reasons, says insurance expert John D Wright of JD Risk Associates, explaining the background to a recent Supreme Court ruling that clarifies asbestosis liability.

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Brighter later for smaller firms?

Small and medium sized firms are supposed to be main drivers of the UK’s economic growth, but public procurement processes often seem to freeze them out. Will Cooper of Clyde & Co reviews the prospects for change.

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When is a mistake a mistake?

Standing by silently and watching a party to a contract make a mistake might not work to your benefit, warns William Cursham of Gateley in this report on a case where one party escaped punishment despite its casual approach to the terms it agreed to.

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Legal terms explained: Global claims

A global claim is one in which the causal connection between the matters complained of, and their consequences, are not fully detailed. Essentially, the contractor puts forward a collection of events which represent breaches by the employer, or events for which the employer is responsible, and asserts that these events together caused it loss.

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Court advocated mediation

In our latest alternative dispute resolution series article Alexander Whyatt of Clyde & Co reports on an appeal court ruling that sheds light on the level of judicial support to be expected for the new mandatory recommendation mediation scheme (CAMS).

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State of play table 173

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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