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Reports from the courts: January 2012

Our regular round up of the court decisions of most significance for construction from Will Buckby of Beale and Company focuses on the first reported judgment in relation to an adjudicator’s entitlement to fees where a decision has been held to be unenforceable as a result of a breach of the rules of natural justice.

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State of play table: 167

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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Reform of European insolvency

The European Insolvency Regulation (1346/2000/EC) (the Insolvency Regulation) has been in force since 2000. The European Commission has to evaluate the Insolvency Regulation and submit proposals for reform to assess its application in practice and identify areas where it can be improved before June 2012.

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Unwritten contracts create a minefield

Guest editor Kim Teichmann of Thomas Eggar argues that although adjudication is now open to parties without written contracts, the reform opens up the possibility of a number of new jurisdictional challenges.

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Legal terms explained: Fitness for purpose or reasonable skill and care?

As every lawyer knows, the common law imposes on a professional person a standard of reasonable skill and care (Bolam v Friern Hospital Management Committee [1957] 2 All ER 118). This means that the works must meet the standard of a competent professional.

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New ICC Rules of Arbitration

In our latest alternative dispute resolution series article Edward Freeman of Clyde & Co analyses the new ICC arbitration rules that come into force in January.

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A stitch in time

Jane Hughes of Collyer Bristow analyses some recent cases from the Technology and Construction Court that show the problems that can arise when contractual details are not hammered out at the outset of projects.

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Policy might not mean what it says

All risks might not mean what you hope in the event of an insurance claim. Insurance expert John D Wright of JD Risk Associates warns against taking the meaning of this and other well established terms for granted.

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The cross-border mediation Directive

Vijay Bange of Trowers & Hamlins looks at the new cross-border mediation Directive, which has been made effective under UK law by legislation introduced this summer. It will have a far reaching impact on UK mediation law, he predicts.

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Expert determination or arbitration?

Jane Fender-Allison of Dundas & Wilson analyses the case law related to whether a dispute is to be settled by an expert or an arbitrator – the roles of each are very different, as are the grounds for challenging their decisions.

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