All articles by James Bessey – Page 2
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A loss of confidence
Be warned: anyone who acts as an expert witness, instructs lawyers or prepares documents in support of claims can no longer take legal privilege for granted
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Damned if you do …
Doubts are growing about whether adjudication can deal with professional negligence claims, the reason being that it struggles to cope with expert witnesses
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Not you again
Adjudications are meant to settle disputes cheaply, but there are many ways that the parties can thwart this simple goal. Amec discovered a couple of good ones
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A rise in pre-profit tax
Sorry about this, but there are some grim changes to tax law in the pipeline, and the effect will be to make consultants look much harder at the jobs they take on
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Legalised coupling
The limited liability partnership is a fresh legal vehicle, offering ease of upkeep, tax efficiency and manoeuvrability for consultants that work together
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Do unto others …
If an adjudication doesn't go the claimant's way, he may decide to cry foul play. But he'd better make sure his own tactics are fair before he does
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Let's not go to Austria!
Want to avoid adjudication by inserting a clause into your contract that any dispute must be settled in another country? Don't pack the passport quite yet...
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Getting what you deserve
Why are parties so willing to open themselves up to trouble by beginning work without agreeing a price? A recent quantum meruit case serves as a warning
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Balance of payments
Whack a huge interest rate on late payments and it may be considered an unenforceable penalty. Go too low and you fall foul of the Late Payments Act
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An unprecedented future
Much is said about our industry learning from its experiences, yet here we are throwing away a wealth of knowledge on points of law and principle
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A question of … timing
The 28-day deadline gives neither the parties nor the adjudicator proper time to ensure that quality decisions are reached. We need a more sensible period
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Foresight sagas
We like to think that arbitration will always be able to challenge an adjudication decision we don't like. Well, just make sure you've got your notice of dispute sorted
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European antifreeze
Karl vs Palisade showed that if you freeze a debtor's assets, the human rights lawyers get you. Now it seems they'll pounce even if you just freeze the money
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All or nothing at all
If you challenge an adjudicator's decision, then you have to take it on in its entirety. Indicate that there are parts of it you accept, and you will lose everything
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As you were
Judges would be advised to tread carefully when asked to scrutinise adjudicators' decisions
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Yankee, go home
Dominic Helps argued that US-style no win, no fee arrangements sit well with adjudication. In fact, he's wrong: they could give all parties a rougher deal
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All very civil
The pre-action protocol can settle a dispute with the minimum of cost and delay, and the maximum preservation of good will. Why don't we use it more often?
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The dispute machine
So you think the Construction Act is reducing the number of disputes in the industry? Wrong. It has made going to court more popular than ever before
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Triumph at court
Where a parent company pays for loss incurred by a subsidiary, the subsidiary can still be compensated – even though the parent was not a party to the contract
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Why we should ditch retention
James Bessey - Retention is a time-honoured method of keeping contractors and subcontractors on their toes by withholding a fixed sum of money. The problem is: it doesn't work
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