Speedy litigation on trial

Cheaper and faster dispute resolution through the courts is the promise being held out by two trials currently under way in the Technology and Construction Court (TCC).

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Squaring a jurisdictional circle

In our latest alternative dispute resolution series article Will Cooper of Clyde & Co examines a court decision that supports the commercial purpose of contracts in deciding on arbitral jurisdiction.

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Danger danger … and the duty to warn

Julie Teal and Suriya Edwards of Withers report on a case that offers guidance on the scope of a consultant’s duty to warn, but also touches on a range of other issues like property interests, professional team selection and health and safety.

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Excessive costs budget targeted by court

Mark Lawrence, Senior Counsel at Macfarlanes, reports on a recent costs management related ruling that shows the determination of the courts to curb runaway litigation costs. Court management cut costs by almost 50% in the case analysed here.

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Contribution in insurance

Insurance expert John D Wright of JD Risk Associates explains how insurance policies seek to ensure that policyholders do not profit from their insured losses. Don’t be caught out by anomalies, he warns.

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Take notice

Recent case law developments highlighting the risk of failing to issue proper notices when they are due are examined by Vijay Bange of Trowers & Hamlins. The courts are firmly upholding the principle of ‘pay now argue later’, he says.

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Supreme Court rules on overpayments

Louise Elmes of Fieldfisher examines the implications of a Supreme Court decision that is applicable to all contracts that come under the ‘Construction Act’. Successful parties in particular could be affected by it.

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Green Investment Bank to be privatised

The Secretary of State for Business, Innovations and Skills, Sajid Javid, has confirmed that that the government will proceed with plans to bring private capital into the Green Investment Bank (GIB).

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Developing claims and formalising the dispute

In the second of their three part ‘toolbox’ series on avoiding or managing disputes James Pickavance and Kathryn Coyne of Eversheds focus on the early stages including the decision of whether to proceed with a dispute.

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More transparency of contract terms needed

Our contracts monitor Michael Phipps, Principal of Thurston Consultants, continues his examination of the new Construction (Design and Management) Regulations and highlights some areas that are difficult to see operating well in practice.

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