Insurance warranties under fire

Insurance expert John D Wright of JD Risk Associates explains how the Insurance Act 2015 is having a marked effect on insurance contracts, in particular in relation to warranties. Trying to avoid liability merely because of a breach which had nothing to do with the actual loss claimed, will not be supported by the courts.

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Dispute boards as a means of alternative dispute resolution

Our latest alternative dispute resolution series article comes from Lois Putnam of Clyde & Co who examines the various types of dispute boards.

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New and proposed legislation: State of play table 232

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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Heathrow expansion

Heathrow had launched the first of a two-part public planning consultation necessary for gaining a Development Consent Order (DCO) in January 2018.

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Legal terms explained: Time at large

If ‘time is at large’, there is no obligation to complete by a fixed completion date, but rather an obligation to complete within a reasonable time.

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News in Brief: August/September 2018

Carillion’s collapse has exposed fundamental flaws in government outsourcing and contracting, reports the House of Commons’ Public Administration and Constitutional Affairs Committee.

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Mediation proving its worth

Approval of the performance of mediators among lawyers is fairly high, with about 80% of them getting a nod of approval in a bi-annual survey – or Mediation Audit – from CEDR (see News). Which means that around one in five of them didn’t perform up to lawyers’ expectations, for which of course there could be many reasons, such as the mediation didn’t go quite the way the lawyer hoped.

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Commissioner named to mediate HS2 disputes

Government has appointed Sir Mark Worthington as its Independent High Speed 2 Construction Commissioner. The role will see Sir Mark – a former aide to Baroness Thatcher – investigate unresolved disputes that have not reached a satisfactory conclusion through HS2 Ltd’s complaints process.

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News in Brief: 20 July

Spanish train manufacturer CAF (Construcciones Y Auxiliar De Ferrocarriles) has been added to the shortlist for High Speed Two’s £2.75Bn rolling stock contract following a High Court challenge.

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