When multiple standards apply

Michael Mendelblat and Robin Wood of Herbert Smith Freehills examine a rare case involving professional negligence allegations against a multi-disciplinary design consultant. Less unusually, expert witnesses came in for a slating from the court.

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Policy shifts support litigation funding

Third party litigation funding is not new, but although historically frowned upon it is becoming more acceptable and popular. Vijay Bange of Trowers & Hamlins reviews the current state of play regarding sources of litigation funding.

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Notification procedures under scrutiny again

Insurance expert John D Wright of JD Risk Associates examines a recent case involving a professional indemnity claim against a solicitor that highlights problems concerning notification of claims that also bedevil construction professionals.

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Robust, not irregular

In our latest alternative dispute resolution series article Rachel Chaplin of Clyde & Co reviews a recent court decision that sheds light on how high the bar is set for appeals on grounds of serious irregularity in arbitrations.

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New e-disclosure protocol for the TCC

Our guest editor slot is taken by Dom Lacey and Richard Adams of Eversheds who welcome the Technology and Construction Court’s new e-disclosure protocol as a huge leap in the right direction.

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Reports from the courts: March 2014

In our latest review of the recent court cases of most interest to construction Will Buckby and Andrew Croft of Beale & Company report on an appeal court decision that turned on whether a surveyor or contractor should be responsible for assessing suitability of properties for insulation; and on a Scottish decision with implications for interpreting net contribution clauses.

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Get it in writing message often ignored

Our contracts monitor Michael Phipps, Principal of Thurston Consultants, examines the changes in the JCT Management Building Contract from the 2008 version. The problem of failing to get things ‘in writing’ still exists, he warns.

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Duties of care – how far do they stretch?

Claimants frequently seek to stretch the concept of duty of care to make out their case. Tom Handley of Hill Dickinson analyses a recent appeal court decision that provides guidance on the extent to which this might be permitted.

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Danger of over wide liability limits

Tom Pemberton and Ibaad Hakim of Beale and Company analyse a case that should be closely studied by drafters of clauses relating to liability and risk allocation in construction contracts. Widely drafted limits on liability might not find favour in the courts.

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Jackson reforms: the sky is not falling … yet

Michael Wheater of Hardwicke Chambers assesses the impact of the Jackson reforms which were introduced from April last year, with attention so far focussing on costs. But other important changes were introduced at the same time to the way litigation is conducted, he argues.

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