Long tail liability – a dilemma for insurers

Insurance expert John D Wright of JD Risk Associates argues that the insurance market will not move to a claims made basis from the currently popular occurrence basis any time soon. The long tail problem may force a change one day, however.

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Practical completion pitfalls

Practical completion can be tricky enough to reach agreement on, but Simon Colegate of Wragge & Co argues that parties can make it a lot more difficult for themselves than it need be. Inadequate drafting of the relevant clauses is a prime cause of problems.

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OFT fine setting powers curbed

Companies that appealed the Office of Fair Trading’s fines for cover pricing have seen their fines reduced by up to 90 per cent. Alan Davis of Pinsent Masons examines what this means for competition law compliance and enforcement.

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Expert shopping: try before you buy?

The practice of ‘expert shopping’ to deny opponents access to a small pool of expert witnesses is heavily frowned on by the courts, warn Suzanne Seaman and Jane Hughes of Collyer Bristow in this review of recent case law.

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Cross border mediation

A new European Union mediation directive aims to formalise mediation and encourage its use in cross border disputes, as Jane Fender-Allison of Dundas & Wilson explains. Similar provisions could be enacted in domestic legislation.

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Bribery Act 2010 and the construction industry

Following the much delayed and awaited publication of the Ministry of Justice Adequate Procedures Guidance, the Bribery Act 2010 comes into force on 1 July 2011. Valerie Surgenor of MacRoberts explains what they mean for construction.

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Don’t blame JCT for contract size

Our contracts monitor Michael Phipps, Principal of Thurston Consultants, argues that not all problems with using JCT contracts in the real world stem from the forms themselves; legislation is often at the root of problems. Reading and understanding them properly would also make life easier.

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Reports from the courts: June 2011

Our round up of the cases of most interest to construction from Professor Michael Furmston of Bristol University focuses on a case that turned on the wording of an option to buy a development property; and an appeal court ruling upholding an earlier decision relating to contractor insolvency.

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Government announcement on reform of civil litigation costs

The government had been concerned about the increasing legal costs of litigation and the backlog of cases in the courts. Lord Jackson prepared a report into the main causes and how they could be addressed. The Jackson Report was published in 2010.

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State of play table: 161

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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