All articles by James Bessey – Page 2
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CommentWalter Lilly vs Mackay: A curate’s egg
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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CommentThe last word in adjudication
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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CommentCan a partner also be a worker?
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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CommentNoise-related disputes: Sound reasoning
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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CommentDispute resolution: Multiple choice
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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CommentEarly neutral evaluation: A practical guide
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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CommentBuying an insolvent firm: Risky assignment
Buying an insolvent firm to take over its contracts is a job for experts. The reason is that there is no guarantee that the other parties to those contracts will let you do the work
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CommentA pain in the NEC
Disputes on NEC projects are on the rise, so if you don’t want to find yourself in a bind, here are some points to be aware of when using this contract
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CommentWigging out: Litigation costs
Litigation has become so expensive, and the courts so keen to push cases down other settlement routes, that trials may soon be reserved for only the most exceptional cases
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Electronic documents: Indecent disclosure
Showing the other side your electronic documents is far more expensive and dangerous than simply putting emails and Word documents on a memory stick
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