Compulsory Mediation before trial: cracking even the hardest nuts

Jon Shaw of 3PB asks whether making the previously voluntary process of mediation compulsory will lead to the resolution of more disputes before trial. He examines a case thought to be the first time the High Court has made such a compulsory mediation order.

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Development consent process to be more efficient and faster

Ben Garbett of Keystone Law says ambitious government plans to promote investment are welcome but face some deeply embedded structural problems in the planning system that have to be solved urgently. Sweeping reforms expected in the Infrastructure & Planning Bill due in March are keenly awaited.

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Surviving termination: The enduring rights and obligations in construction contracts.

Joseph Wittenberg of Turner & Townsend Contract Services Ltd looks at uncertainty around what rights and obligations survive contract termination. The courts will assume that a party will not freely give away its common law rights, so careful clause wording could be important, he warns.

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Insuring the Catastrophe Risks

Insurance expert John D Wright of JD Risk Associates looks at the insurance cover available for losses incurred during catastrophes, which are on the rise due to climate change. Some risks are already uninsurable, he warns.

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Could ADR help shift to collaborative contracting?

Practical steps for meeting the JCT’s collaboration requirement were discussed in our June 2024 column. In our latest alternative dispute resolution (ADR) series article, Tracey Summerell considers whether the availability of a mediation-like process for key parties pre-project commencement could fast-track the establishment of trust and strong relationships that underpin collaboration.

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Legislation state of play table 297

This table, prepared by Alignment Media, 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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Legal terns explained: IBA Site Visit Model Protocol for International Arbitration

In the context of construction arbitrations, it can be beneficial for a tribunal to visit the site to contextualise the issues in dispute. Site visits can also facilitate equal access to evidence that may otherwise be in the possession of one party alone. Certain procedural rules, such as the International Bar Association’s (IBA) Rules on the Taking of Evidence in International Arbitration, empower tribunals to inspect or require the inspection of a site.

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More cladding related professional indemnity policy claims expected

More professional indemnity (PI) policy claims due to cladding related disputes are to be expected despite a fall in the overall number of claims, says CMS in a market review, Claims and consequences: Professional Indemnity in the UK.

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PFI handback condition disputes rising

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Major Heathrow investment plans

Heathrow Airport says it expects its proposed third runway to begin operations within ten years and has announced a multibillion-pound investment programme to expand other parts of the airport that will include new terminal buildings, aircraft stands, passenger infrastructure and preparatory work for the third runway.

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