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Reports from the courts: March 2012

Will Buckby and Andrew Croft of Beale and Company with the recent court decisions of most interest to construction, one of which highlights the difficulties of establishing that a written contract does not exist.

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State of play table: 168

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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Simplifying health and safety

In recent years the government has escalated its attempts to improve health and safety legislation in the UK.

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Using your initiative or frolicking

Guest editor William Cursham of Gateley says that adjudicators must be cautious when exercising their initiative, particularly on substantive points, as a recent flurry of cases leaves the situation uncertain.

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Legal terms explained: What is legal privilege?

Legal privilege is an essential component of the English legal system, ensuring that lawyers and clients can communicate freely, knowing that their interaction will not be admissible in legal proceedings.

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A rare sighting

In the latest of our alternative dispute resolution series Paul Morgan of Clyde & Co reports on a rare insight into the workings of arbitration provided by an unusual court case.

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What is an indemnity?

The concept of indemnity underlies property insurance policies and should be straightforward but often is not, as John D Wright of JD Risk Associates explains.

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Procurement strategies – a realistic review

There is a wide and still growing range of procurement methods in common use by the construction industry and its clients, says Professor Peter Hibberd of the Joint Contracts Tribunal. In this review he warns that the government’s Construction Strategy may have unexpected impacts.

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Recent cases on the rules of natural justice

Few challenges to the enforcement of adjudicators’ decisions succeed and the courts take a dim view of challenges based on technical defects, even where these exist. Ann Levin and Michael Mendelblat of Herbert Smith review recent cases involving appeals to natural justice.

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Putting limits on limitation

In this review of limitation Ruth Wilkinson of Dundas & Wilson warns that working out when a limitation period expires is seldom straightforward. A recent case now being appealed provides some guidance on how the courts view very short contractual limitation periods.

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