James Bessey

James Bessey

James Bessey is a partner in the construction team of Blake Morgan

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    Legal: a knotty problem

    2018-07-26T05:00:00

    James Bessey explains that a recent case showing nuisance can be caused by omission as well as action has implications for cladding fires

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    Time to call time

    2017-08-25T09:23:00

    A claimant tried to revive a dispute dating back to 1992 by alleging a fraud. But the court said it would not sit back and referee whatever games he wanted to play

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    Scoring an own goal

    2017-02-09T06:00:00

    A benefit of arbitration is that it stops details of a dispute becoming public. But, as a case involving a football manager shows, if you challenge the arbitration you lose that advantage

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    Will nobody notice?

    2017-01-10T10:31:00

    A recent case has highlighted the role and significance of notices, which can get particularly complicated when there are funding and insolvency issues

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    Time is money

    2016-05-17T10:52:00

    A recent case highlights the complexities of the subcontractor relationship compared to that of employer and main contractor, in terms of extensions of time and delays

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    Steps for the selector

    2016-03-10T06:00:00

    Is it time for nominating bodies for arbitrators and adjudicators to review their appointment process?

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    Witness compensation: Cab, please!

    2015-05-13T09:47:00

    Witnesses can be paid ‘compensation’ for court appearances. But, as the case of a certain disgraced former DJ shows, you’re not likely to get paid a four figure sum. More like minimum wage

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    BIM: If you want my advice…

    2015-01-28T08:43:00

    BIM is increasingly being adopted by the industry, but who bears responsibility for recommending whether or not to use it in the first place?

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    The doctrine of frustration

    2014-10-17T06:00:00

    What effects would the outbreak of war on the international construction market?

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    The Freedom of Information minefield

    2014-08-05T06:00:00

    Parties are using the Freedom of Information Act to strengthen their positions, so be aware when working with a public body that it may have to disclose information you’d rather it didn’t

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    Forum shopping: Retail therapy

    2014-04-15T11:25:00

    Tempting as it may be to shop around for your preferred adjudicator, the courts won’t look kindly on it - and you might end up with a longer dispute than you bargained for

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    Final account process in contracts: A final reckoning

    2014-01-24T06:00:00

    Construction contracts often provide for wrapping things up in a final statement. But this process is absent in the NEC contract - something that can create significant uncertainty

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    Good faith clauses

    2013-09-06T06:00:00

    As Luis Suárez questions his contract with Liverpool, we look at the similarities between football and construction contracts - and what they can show us about good faith clauses

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    Hearsay evidence: He said, she said …

    2013-07-24T06:00:00

    If a witness cannot be traced, then a party might need to rely on hearsay evidence. But getting the court to give weight to such evidence isn’t easy

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    Walter Lilly vs Mackay: A curate’s egg

    2013-05-10T06:00:00

    Walter Lilly vs Mackay grabbed headlines and produced a lengthy judgement. But exceptional cases should not set general precedents in law

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    The last word in adjudication

    2012-11-23T00:00:00

    How many submissions should each party be allowed in an adjudication - and which side should be given the final say? It depends which rules of natural justice you follow

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    Can a partner also be a worker?

    2012-07-06T00:00:00

    The Appeal Tribunal has ruled that it makes no difference if someone is a partner in a firm and is posted abroad - UK law still entitles them to bring a claim of discrimination

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    Noise-related disputes: Sound reasoning

    2012-04-13T00:00:00

    Arguments over noise are becoming increasingly common as urban areas get ever more congested, but the solutions to the problem are far from straightforward

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    Dispute resolution: Multiple choice

    2011-08-26T00:00:00

    If you have a construction dispute your biggest problem isn’t the other party - it’s deciding which dispute resolution option to go for

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    Early neutral evaluation: A practical guide

    2010-12-10T00:00:00

    Early neutral evaluation has some advantages over mediation, particularly if there is a point of principle at stake. But it can be costly, and it won’t provide a full legal answer

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