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An appeal to common sense

In this instalment of our regular alternative dispute resolution series Paul Morgan of Clyde & Co welcomes an pilot initiative that is driving some appeal cases towards mediation.

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State of play table 172

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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Nuclear safety boost

Following the nuclear power plant accident in Fukushima, on 24 March 2011 the European Council requested European Nuclear Safety Regulators Group (ENSREG) to review the safety of the nuclear plants in the EU. It combines 17 national reports from countries with nuclear power.

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Book review: Construction Law by Julian Bailey

Construction Law by Julian Bailey Price: £425 Publisher: Informa Law ISBN: 9781843119173 2774 pages; 3 volumes

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Declaratory awards in arbitration

In this article, part of our regular alternative dispute resolution series, David Owen of Clyde & Co says there may be a rise in the use of arbitration now it is clear that that arbitrators’ declaratory awards will be enforced by the courts.

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Project insurance not for the small projects

Project insurance is being held up as one way to cut costs on public sector contracts. Insurance expert John D Wright of JD Risk Associates explains the use of project insurance and highlights some difficulties to be overcome.

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Experts in professional negligence claims

The need for expert evidence in professional negligence claims has been clarified in a recent case. Kayleigh Rhodes of Berrymans Lace Mawer discusses this and another related decision.

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Collateral warranties: your questions answered

Kim Teichmann of Thomas Eggar reviews the always thorny issue of collateral warranties, flagging up the pitfalls to watch out for. Their effectiveness depends on the main contract that is warranted.

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When pressure turns to duress

In today’s tough commercial climate Alastair Young of SNR Denton warns against exerting pressure that the courts may deem to amount to economic duress. Abusing your upper hand can leave the strong open to claims.

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Serving papers in the digital age

The digital age has well and truly caught up with the law, with the High Court now allowing serving of court papers via Facebook. Vijay Bange of Trowers & Hamlins warns that strict requirements must still be followed whatever means are used to serve papers.

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